Trump Has Favorable First Day In SCOTUS Case

( – As former president Donald Trump faces the Supreme Court over accusations that he attempted to subvert the 2020 presidential election, the justices have made it clear that the question of presidential immunity is a complex one, and one that may take considerable time to examine.

After hearing oral arguments for nearly three hours on Thursday, April 25, three of the conservative-leaning judges even suggested that the case might yet be returned to the lower courts to establish whether or not special counsel Jack Smith is attempting to prosecute over actions that should be covered by presidential immunity.

While some political and legal commentators expected Trump’s claim to presidential immunity to be rejected outright by the Supreme Court, Trump and his legal team appear to be enjoying more success. However, their claims to total immunity for actions committed by a sitting president have not been completely accepted. The key issue that the nine judges seemed to grapple with was exactly how much of Trump’s behavior following the 2020 election should be categorized as protected by his role as president.

As may be expected, opinion so far seems to be divided along the SCOTUS conservative-liberal line. Pres. Biden’s pick, Justice Ketanji Brown, said that she was worried that a not-guilty verdict would incentivize future presidents to commit criminal activity while in office. On the conservative side, Justices Brett Kavanaugh and Samuel Alito expressed concern that a guilty verdict could encourage future political lawfare, with each main political party using the verdict as a precedent to target their opponents after each term.

The complexity of the case could see it drag on for many months to come, possibly past the November 2024 election, especially if it is sent back to the lower courts. If the case is sent down through the courts, it will give Trump and his team ample opportunity to pick apart the prosecution’s case and appeal for individual acts committed while acting as president to be removed from the indictment. A delay in the proceedings could also allow Trump time to win the presidential election, whereas if he is convicted of a crime, he would be ineligible from running.

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