On Monday, the US Supreme Court is expected to deliver one of its most highly anticipated decisions of the term—a ruling that will determine whether former President Donald Trump is immune from prosecution.
This verdict, described as one “for the ages,” could significantly impact Trump’s trial for allegedly conspiring to overturn his 2020 election loss, which may proceed before the upcoming presidential election in which Trump is the Republican candidate.
The court’s decision is expected to reject Trump’s claim for absolute immunity. However, the ruling will play a crucial role in determining whether the trial can move forward before the November election.
Justice Neil Gorsuch, a Trump appointee, emphasized the ruling’s historical significance during the arguments heard in April, stating, “We are writing a rule for the ages.” Justice Brett Kavanaugh, also appointed by Trump, noted the case’s profound implications for the presidency and the country.
Originally, Trump’s trial date was set for March 4, well before his anticipated rematch with President Joe Biden in November.
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However, the Supreme Court, with its conservative majority including three Trump appointees, agreed in February to hear his argument for presidential immunity, causing a delay as they deliberated in April. This has already significantly postponed the trial.
While the court is unlikely to grant Trump complete immunity, the justices appeared largely skeptical of his claims during the April arguments. Some even questioned whether allowing such immunity would enable a president to “commit crimes with abandon.”
Nonetheless, the decision’s scope and wording could potentially further delay the trial, reducing the likelihood that Trump will face prosecutors before the November 5 election.
One possible outcome is that the justices might remand the case to lower courts to distinguish which of the special counsel’s allegations against Trump, now 78, involve official acts and could be immune from prosecution. This would inevitably delay the trial further, as preparing for it would take months regardless of the ruling.
Trump, facing four criminal cases, has been striving to delay the trials until after the election. On May 30, a New York court convicted him on 34 felony charges of falsifying business records to cover up a sex scandal during the 2016 presidential campaign, making him the first former US president convicted of a crime. His sentencing is scheduled for July 11.
Many legal experts considered the New York hush money case the weakest among the four against Trump, yet it is likely the only one to proceed to trial before the election.
Trump’s legal team has managed to delay the other three trials, which involve his efforts to overturn the 2020 election results and the hoarding of classified documents at his Florida home, by filing numerous pre-trial motions.
Should Trump be re-elected, he could potentially order the federal trials against him to be closed once he is sworn in as president in January 2025, adding another layer of complexity and political intrigue to these high-stakes legal battles.
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The Supreme Court’s upcoming decision will not only affect Trump’s legal fate but also set a precedent for future presidents, impacting the balance of power and the scope of presidential immunity in the United States.
As the nation awaits the ruling, the political and legal landscapes are poised for significant shifts depending on the court’s final verdict.