(RepublicanView.org) – The United States Supreme Court heard arguments on April 25 to determine if former President Donald Trump has immunity in the election interference case brought by Special Counsel Jack Smith.
Trump’s legal team, including attorney D. John Sauer, made the case on April 25 that Trump was acting in his official capacity as president and was simply expressing concerns about the past election.
A lower federal court ruled against Trump on the case, but some SCOTUS justices to be considering a different view. They deliberated on a number of scenarios covering how Trump may have committed a crime and how immunity might be applied. If SCOTUS sends it back to the lower court, it will force the lower court to very closely consider each point of its case to determine if immunity applies. The process is expected to take several months, meaning it likely won’t be determined ahead of election day in November.
A ruling in favor of Trump would deal a huge blow against President Joe Biden and Jack Smith, his special counsel. It would also set a major precedent for future cases.
Neil Gorsuch, one of nine Supreme Court justices, expressed his skepticism of the charges against Trump by touching on a hypothetical scenario in which a president takes the lead in a “mostly peaceful” demonstration against Congress. He then posed the question of whether the president leading such an event can face charges for the action of some participants. Gorsuch then asked Michael Dreeben, who is representing Smith, whether that person should be prosecuted. Dreeben responded by saying, “Probably not.”
Additionally, some Supreme Court justices expressed concerns over how ruling against immunity could negatively impact future presidents. They considered the possibility of it leading to an “open season” on anyone who served as president by those who disagreed with some of their policies or actions.
Trump himself was not present as he had a trial hearing in New York City.
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