Supreme Court Appears Skeptical of Trump's Immunity Argument
Summary from the AllSides News Team
On Thursday, the Supreme Court heard arguments regarding whether 2024 candidate and former President Donald Trump is immune to criminal prosecution for his actions while in office.
For Context: In response to the federal indictment against Trump regarding his actions during and in the aftermath of the 2020 election, Trump’s legal team is arguing that a former president cannot be criminally prosecuted for events that occurred while they were in office. This argument has failed in the lower courts.
Details: Outlets across the spectrum agreed that the majority of the justices appeared skeptical of the Trump team’s immunity argument. The justices presented a series of hypothetical situations to the lawyers, such as a sitting president ordering the assassination of a political rival, and asked if the president would still be immune from prosecution. Trump’s lawyers also cited a law shielding presidents from civil prosecution while in office, arguing this law also extends to criminal prosecution. While the justices appeared unlikely to agree with the immunity argument, they also appeared skeptical of parts of the Department of Justice’s indictment against Trump. Outlets predicted the justices would issue a middle-ground ruling that would narrow the scope of the indictment and further delay the trial.
How the Media Covered It: Outlets across the spectrum emphasized the importance of timing in regard to Trump’s trial, agreeing that Thursday’s arguments and the justices’ stances raised the likelihood that Trump would not face trial before the November presidential election.
Featured Coverage of this Story
From the Left
Supreme Court seems skeptical of Trump’s claim of absolute immunity but decision’s timing is unclearThe Supreme Court on Thursday appeared likely to reject former President Donald Trump’s claim of absolute immunity from prosecution over election interference, but it seemed possible Trump could still benefit from a lengthy trial delay, possibly beyond November’s election.
Chief Justice John Roberts was among at least five members of the court who did not appear to embrace the claim of absolute immunity that would stop special counsel Jack Smith’s prosecution of Trump on charges he conspired to overturn his 2020 election loss to Democrat Joe Biden.
But in arguments...
From the Center
Supreme Court justices skeptical of sweeping immunity claims by TrumpJustices on the Supreme Court voiced skepticism Thursday to assertions from former President Trump’s attorneys that presidential immunity could extend to an attempted coup or the assassination of a political rival, even as they seemed ready to offer some protections from criminal prosecution.
Such a ruling could create a new cycle of legal battles that in turn could delay Trump’s federal election subversion trial — and his other trials — past the election.
Conservative and liberal justices alike peppered Trump’s counsel with hypothetical situations, asking how far the former president’s claim of sweeping immunity protections would go....
From the Right
Supreme Court seems open to middle ground on Trump immunityThe Supreme Court on Thursday appeared open to a middle-ground approach to a bid by former President Donald Trump to invoke presidential immunity to shake off his criminal charges.
The nine justices asked Trump’s attorney, D. John Sauer, pointed questions about whether presidents had “absolute immunity” from prosecution as they weighed Trump’s argument that he was protected under the Constitution from being charged for his actions after the 2020 election. Arguing on behalf of special counsel Jack Smith was veteran litigant Michael Dreeben.
Trump contends former presidents should have immunity from...
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