(ConservativeInsider.org) – The Supreme Court heard several hours of oral arguments on April 25 over whether former presidents have a certain level of immunity that extends past their time in office. It appears most of the Justices on the Court agreed with attorneys for former President Donald Trump that he does maintain immunity on certain issues.
The case is specifically about whether Trump is eligible to be prosecuted on allegations that he attempted to overturn the results of the 2020 election, which he lost to current President Joe Biden. Trump was indicted in the summer of 2023 following the investigation into the events of January 6, 2021, by Special Counsel Jack Smith.
According to Trump’s attorneys, former presidents earn “absolute immunity” for their official actions while in office, lest new administrations begin “politically motivated prosecutions” for former presidents. The argument that former presidents could be targeted by political opponents after they leave office seemed to sway several of the conservative justices on the court. One of Trump’s attorneys, John Sauer, said in his arguments that the presidency would be changed if those who held the office are not given immunity from criminal charges, as it would “destroy presidential decision-making.”
The case has been steadily moving to higher courts as lower courts rejected these claims. An appeals court in Washington with a three-judge panel unanimously rejected arguments from Trump’s attorneys recently, but the appeal is now appearing before the highest court in the country, who could strike the decision from the lower courts. However, the justices did seem to suggest that there is a possibility that Trump could be prosecuted on these charges if they conclude his actions were done as a private citizen rather than in an official capacity.
However, if Trump does go to trial for these charges, it is unclear when the trial would occur, opening the potential for the trial to begin after the election in November, when Trump could potentially be elected as president again.
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