{"id":2229798,"date":"2024-04-25T07:32:02","date_gmt":"2024-04-25T11:32:02","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/supreme-court-could-give-trump-some-immunity-experts-say\/"},"modified":"2024-04-25T07:37:32","modified_gmt":"2024-04-25T11:37:32","slug":"supreme-court-could-give-trump-some-immunity-experts-say","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/supreme-court-could-give-trump-some-immunity-experts-say\/","title":{"rendered":"Legal experts suggest that the Supreme Court may grant Trump some immunity"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"&quot;\"><div class=\"counts mashsbcount\">24<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Fsupreme-court-could-give-trump-some-immunity-experts-say%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=2229798&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><p>The Supreme Court is \u2063set to decide\u200c on\u2064 Thursday whether ex-President Donald Trump has immunity\u200b from federal charges, a critical case for the term. Special \u2062counsel \u2063Jack Smith\u2062 accuses Trump of trying to\u200c alter the 2020\u200b election results. While a ruling \u200cin Trump&#8217;s favor may \u200dnot align entirely with his \u200cargument, it could\u200d complicate the trial further. The \u2062Supreme Court will determine this Thursday if \u200cformer President Donald Trump\u2062 is\u200c immune \u200dfrom federal charges, a pivotal case for this term. Special counsel Jack\u200d Smith \u200dalleges Trump attempted to influence the 2020 election outcome. While\u2062 a ruling\u2063 favoring Trump may \u200dnot <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/president-trump-issues-statement-endorsing-sarah-huckabee-sanders-for-governor-of-arkansas\/\" title=\"President Trump Issues Statement Endorsing Sarah Huckabee Sanders for Governor of Arkansas\">fully support<\/a> his stance, it could add complexity to\u200d the trial \u200cproceedings.  <\/p>\n<p class=\"readmore\">\n    <button onclick=\"showReadMore()\" id=\"readmorebtn\">Read more&#8230;<\/button>\n<\/p>\n<hr id=\"line\">\n<span id=\"more\"><\/p>\n<div>\n<p>The <a href=\"https:\/\/www.washingtonexaminer.com\/tag\/supreme-court\" target=\"_blank\" rel=\"noreferrer noopener\">Supreme Court<\/a> on Thursday will consider whether former President <a href=\"https:\/\/www.washingtonexaminer.com\/tag\/donald-trump\" target=\"_blank\" rel=\"noreferrer noopener\">Donald Trump<\/a> enjoys any immunity against the federal charges he faces, a high-stakes dispute for its final case of the term.<\/p>\n<p>Special counsel <a href=\"https:\/\/www.washingtonexaminer.com\/tag\/jack-smith\" target=\"_blank\" rel=\"noreferrer noopener\">Jack Smith<\/a>, who was appointed by the Biden administration\u2019s Department of Justice under the leadership of Attorney General Merrick Garland, alleged that Trump sought to subvert the 2020 election results due to his actions surrounding the Jan. 6 riot. Trump has denied wrongdoing and contends that former presidents enjoy broad immunity from criminal charges, arguing a finding to the contrary would \u201cincapacitate every future President,\u201d according to his attorneys.<\/p>\n<figure><figcaption>Special Counsel Jack Smith and former President Donald Trump. (AP Photos\/J. Scott Applewhite\/Justin Lane)<\/figcaption><\/figure>\n<p>Legal experts in recent weeks have noted that a victory for the former president in <em>Trump v. United States<\/em> doesn\u2019t require the Supreme Court to side completely with Trump\u2019s argument despite his push for a ruling that would completely dismiss the federal indictment.<\/p>\n<p>Richard Bernstein, a lawyer who filed an amicus brief opposing Trump on behalf of ex-government officials, <a href=\"https:\/\/www.nbcnews.com\/politics\/supreme-court\/trump-win-supreme-court-immunity-argument-rcna148384\" target=\"_blank\" rel=\"noopener\" title=\"told\">told<\/a> NBC News that Trump\u2019s \u201csecond preference\u201d would be a ruling that sets a complex factual test for immunity that would force the trial court to reexamine whether each of the four charges in his <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/donald-trump-indicted-assigned-judge-tanya-chutkan-known-for-longest-jan-6-sentences\/\" title=\"Donald Trump indicted; Judge Tanya Chutkan known for lengthy Jan. 6 sentences.\">election subversion case<\/a> can still apply to Trump.<\/p>\n<p>If the Supreme Court majority gave Trump a partial ruling, the \u201ccase would get bogged down\u201d because a lower court may need to reanalyze whether the charges in the indictment pertain to official acts of the then-president. That kind of ruling would further delay a trial for Trump, which he has sought to keep from happening until after the November presidential election.<\/p>\n<p>Meanwhile, Smith has stated that \u201cpresidents are not above the law\u201d and argued the U.S. Court of Appeals for the District of Columbia Circuit was correct to find Trump is not immune from prosecution in his election case. Smith called on the Supreme Court\u00a0not to reverse the appellate court\u2019s decision even if the justices find former presidents enjoy minimal immunity.<\/p>\n<p>\u201cEven if the court were inclined to recognize some immunity for a former president\u2019s official acts, it should remand for trial because the <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/jack-smith-tells-supreme-court-to-keep-trump-charges-framers-never-endorsed-criminal-immunity\/\" title=\"Jack Smith urges Supreme Court to proceed with Trump charges, emphasizing that the Founding Fathers never supported criminal immunity\">indictment alleges substantial private conduct<\/a> in service of petitioner\u2019s private aim,\u201d Smith wrote in an April 8 brief.<\/p>\n<p>Attorney Kathleen Hartnett said that it seems as if both Trump and Smith are trying to find ways to make sure that their \u201cmore maximalist\u201d positions in the dispute \u201care not the only thing they can talk about if the court ends up trying to be interested in a more minimalist resolution,\u201d <a href=\"https:\/\/www.youtube.com\/watch?v=BvQTN56MDJ8\" target=\"_blank\" rel=\"noopener\" title=\"according\">according<\/a> to an interview with the <em>Law Dork <\/em>blog.<\/p>\n<p>Hartnett was responsible in part for helping 19 former <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/report-bidens-education-department-has-closer-ties-to-crt-group-than-they-admit\/\" title=\"REPORT: Biden\u2019s Education Department Has Closer Ties To CRT Group Than They Admit\">high-ranking officials<\/a> in the military file an <a href=\"https:\/\/www.supremecourt.gov\/DocketPDF\/23\/23-939\/307065\/20240408151425926_23-939%20Amicus%20Brief%20of%20Claire%20Finkelstein%20et%20al_.pdf\" target=\"_blank\" rel=\"noreferrer noopener\">amicus brief<\/a> that argued Trump\u2019s position would \u201cthreaten the military\u2019s role in American society, our nation\u2019s constitutional order, and our national security.\u201d <\/p>\n<p>Trump is represented by D. John Sauer, who made headlines earlier this year when <a href=\"https:\/\/www.washingtonexaminer.com\/news\/justice\/2928861\/trump-supreme-court-de-facto-blackmail\/\" target=\"_blank\" rel=\"noopener\" title=\"he told\">he told<\/a> the U.S. Court of Appeals for the District of Columbia Circuit that a president could hypothetically avoid criminal liability for ordering Navy SEALs to assassinate a political rival, an example that stunned some legal observers.<\/p>\n<p>Sauer is a former clerk to the late Supreme Court Justice Antonin Scalia. He also served as Missouri\u2019s solicitor general, where he won the only Supreme Court case he has argued until now, securing a 5-4 decision in an execution case.<\/p>\n<p>Sauer\u2019s opponent, Michael Dreeben, is a longtime DOJ official. He has argued more than 100 cases at the <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/hollywood-celebs-rage-in-defeat-after-barrett-confirmation-revolting-disgraceful-unconscionable\/\" title=\"Hollywood Celebs Rage in Defeat After Barrett Confirmation: 'Revolting. Disgraceful. Unconscionable'\">high court<\/a>, many of them surrounding criminal law. Dreeben was also part of former special counsel Robert Mueller\u2019s investigation of Russian interference in the 2016 election and joined Smith\u2019s team last year after working in private practice.<\/p>\n<p>The case before the justices on Thursday has the potential to alter the landscape of the 2024 campaign dramatically, as Trump is staring down four separate criminal indictments that amount to 88 charges in total. He has pleaded not guilty to each indictment.<\/p>\n<p>Staunch allies of Trump, such as Article III Project founder Mike Davis, have issued bleak warnings to the Biden Justice Department if its theories about presidential immunity were to be turned against it in a future Republican administration.<\/p>\n<p>\u201cThink about this, can the\u00a0Trump\u00a047 Justice Department charge President Obama for capital murder for his extrajudicial drone strike of two American citizens, including a minor? Can the\u00a0Trump\u00a047 Justice Department charge President Biden for his illegal mass parole of illegal migrants into our country and the resulting crimes? Do the Democrats really want to go down this path?\u201d\u00a0Davis recently <a href=\"https:\/\/www.youtube.com\/watch?v=pzBz_TglU5M\" target=\"_blank\" rel=\"noopener\" title=\"told\">told<\/a> Fox News.  <\/p>\n<p>If the Supreme Court rules entirely against Trump, U.S. District Judge Tanya Chutkan, an Obama appointee presiding over Smith\u2019s Jan. 6 case, would immediately resume pretrial proceedings after the appeals process stripped her of jurisdiction over the case. A trial for the election interference allegations could occur as soon as a few months after that. If the high court rules fully in favor of Trump, the case could be dropped altogether.<\/p>\n<p>But legal experts largely believe a middle-ground approach is more likely. The Supreme Court routinely tries to find ways to minimize substantial impacts of its decisions if at all possible, sometimes referred to as an \u201coff-ramp\u201d approach.<\/p>\n<p>\u201cThis is a court that tends to be incremental. They tend not to favor sweeping rulings,\u201d George Washington University Professor Jonathan Turley <a href=\"https:\/\/www.foxnews.com\/politics\/trump-us-scotus-determine-presidents-get-some-amount-immunity-experts\" target=\"_blank\" rel=\"noopener\" title=\"told\">told<\/a> Fox.<\/p>\n<p>The immunity question before the high court is one that has been expedited, meaning a decision could come sooner rather than later. The justices can technically wait until the end of June to issue a decision, and if they do, it would have the immediate effect of further delaying Trump\u2019s trial.<\/p>\n<p>The former president is facing a six-week trial in the Manhattan hush money case against him. Presiding Justice Juan Merchan told him he could not skip court on Thursday to attend the Supreme Court arguments.<\/p>\n<p><strong><a href=\"https:\/\/www.washingtonexaminer.com\/\" target=\"_blank\" rel=\"noopener\" title>CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER<\/a><\/strong><\/p>\n<p>Trump on Wednesday chided Merchan for banning him from going to Washington, D.C., for the landmark arguments, claiming his trial judge thinks he is above the nine justices.<\/p>\n<p>\u201cBecause he thinks he is above the Supreme Court, he is prohibiting me from going to the presidential immunity hearing where some of the great legal scholars will be arguing the case \u2014 the most important case in many years on the Supreme Court,\u201d Trump <a href=\"https:\/\/www.foxnews.com\/politics\/trump-blasts-judge-prohibiting-him-attending-presidential-immunity-arguments-supreme-court\" target=\"_blank\" rel=\"noopener\" title=\"said\">said<\/a>.<\/p>\n<\/p><\/div>\n<p><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Thursday&#8217;s Supreme Court session will tackle the crucial question of whether former President Donald Trump has immunity from federal charges. Special counsel Jack Smith, appointed by the Biden administration&#8217;s DOJ under Attorney General Merrick Garland, accused Trump in this high-stakes case of the term<\/p>\n","protected":false},"author":2633,"featured_media":2229799,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"https:\/\/wex-s3.s3.us-east-1.amazonaws.com\/wp-content\/uploads\/2024\/04\/AP19037096667225-1024x683.jpg","fifu_image_alt":"","footnotes":""},"categories":[538],"tags":[],"class_list":["post-2229798","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-washington-examiner"],"fifu_image_url":"https:\/\/wex-s3.s3.us-east-1.amazonaws.com\/wp-content\/uploads\/2024\/04\/AP19037096667225-1024x683.jpg","_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2229798","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/2633"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=2229798"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2229798\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2229799"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=2229798"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=2229798"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=2229798"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}