Trump's immunity falters in the Supreme Court, but the Republican buys time
Former US President Donald Trump’s attempt to secure absolute judicial immunity did not convince the Supreme Court judges on Thursday. While it may have temporarily delayed his trial for the assault on the Capitol, it did not gain him the desired protection. The nine judges, including six conservatives and three progressives, listened to both sides for nearly three hours in an unprecedented hearing. The decision regarding Trump’s immunity hinges on whether he is protected as a former president. The trial, which alleges his attempt to overturn the 2020 election and his involvement in the Capitol attack, has been rejected by the lower courts, leading to the Supreme Court’s involvement.
Traditionally, US presidents have enjoyed some level of immunity to prevent a violation of the separation of powers. However, during the hearing, the majority of the justices seemed skeptical about granting Trump full immunity. They suggested that only actions related to official presidential duties should be protected, rather than personal actions. Even Trump’s own appointed justice, Amy Coney Barrett, questioned the extent of immunity for some of Trump’s actions. Although no decision has been reached yet, some conservative judges proposed sending the case back to lower courts to determine which actions are immune. This could result in a significant delay, potentially extending the trial beyond the November elections.
Trump’s strategy of delaying legal proceedings is aimed at gaining time, hoping to either secure re-election or have the Department of Justice drop federal charges against him. Meanwhile, the Special Prosecutor’s Office led by Jack Smith is pressuring the Supreme Court for a prompt decision to resume the Capitol assault trial. The Supreme Court’s ruling, typically issued in June, will impact the ongoing trials against Trump, including those in New York, Florida, and Georgia. While the immunity decision will not affect the ongoing trial in New York for falsifying accounting records, it could have implications for the trials related to the Capitol attack and alleged electoral interference.