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Former federal judge speculates Supreme Court may be divided over Trump immunity case

Former federal judge speculates Supreme Court may be divided over Trump immunity case

 


Former President Donald Trump's legal team has asked the Supreme Court to find that presidents are immune from prosecution for their actions while in office, amid criminal charges for his role in the riot of January 6. The appeal to the nation's highest court came after a Washington DC district judge and a federal appeals panel ruled that Trump could be tried for election interference.

But two weeks later, the Supreme Court has still not issued a decision. Former U.S. federal judge Nancy Gertner, who presided over the U.S. District Court for the District of Massachusetts, said the reason for the delay was unclear. But she believes this is due to disagreement among the nine judges.

“If there had been unanimity one way, it could have been done quickly,” Gertner told Boston Public Radio on Monday. “If there is not unanimity in one sense, but there is some sort of split, then either there is time for the arguments of the dividers of the dissenters to be incorporated into the majority, or something one writes a dissent.”

Gertner believes the former president sees the Supreme Court as a “better forum” for him to get the ruling he was twice denied in Washington. Some experts believe that conservative-leaning Supreme Court justices like Clarence Thomas and Samuel Alito could align with Trump on this point. case.

Although Gertner said she could not predict the actions of Thomas and Alito, she speculates that dissent from either would be a matter of looking more broadly at “where the law should go” rather than 'only examine the case.

“The question of immunity is a question of yes or no. The reasoning may be more complicated, but my instinct and based on what we've seen so far is that they wait really to see what Alito and Thomas will say,” Gertner said.

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