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The United States Supreme Court, April 23, 2024, in Washington, DC. The Court will hear arguments on April 25, 2024, on whether Donald Trump, as a former president, should be immune from criminal prosecution for acts he committed while in office. MANDEL NGAN/AFP via Getty Images .

switch captionMANDEL NGAN/AFP via Getty Images

The United States Supreme Court on April 23, 2024, in Washington, DC. The Court will hear arguments on April 25, 2024, on whether Donald Trump, as a former president, should be immune from criminal prosecution for acts he committed while in office.

MANDEL NGAN/AFP via Getty Images 1. Tomorrow, the Supreme Court will hear arguments in Donald Trump's immunity case.

Special Prosecutor Jack Smith has charged Trump with a number of crimes related to efforts to overturn the 2020 presidential election. Trump argues that he cannot be prosecuted, saying those same events are official acts that he undertook as president to safeguard the integrity of the race and that position was met with skepticism.

The federal appeals court ruled on this point and rejected this argument by Trump and his legal team. Some legal observers say it is extremely unlikely that the Supreme Court will grant Trump full immunity.

University of Texas law professor Lee Kovarsky believes the case is worth hearing because the Supreme Court has never fully determined whether a president was immune from criminal prosecution for his conduct in the exercise of his functions.

“Donald Trump and the people at Trumpworld are quite explicit about their intention to weaponize the Justice Department and do it against future presidents. What if we are entering a new political era in which new presidents sue their predecessors , you can't really put the genie back in the bottle, but you can control the downside somewhat with certain types of immunity.”

2. How does the timing of all this influence the presidential election?

The court's decision to hear this case, regardless of the final decision, delays the start of a criminal trial.

Kovarsky says this is a win for Trump, “Because if the delay in the trial is enough to take it past the election and Trump wins the election, the case will go away… Him or he could find a way to get his Justice Department to get rid of the charge while it's on appeal one way or another. Or he could just pardon himself.

The law professor also says the court could act more quickly if it wanted. “He could have moved more slowly if he had wanted to, too. But I think the court will consider whether it should take the election into account, either when deciding the pace of its own opinion writing, or when it announces what the election will be, the lower courts are supposed to do so after rendering their opinion.”

So the Supreme Court is about to decide whether Trump can be prosecuted in federal court. Whether he ultimately goes to trial may depend on how quickly they make that decision.

3. So will the election fraud case ever go to trial? A decision in this case could come quickly, or the court could decide the case on the last day of the term, which is at the end of June. U.S. District Judge Tanya Chutkan, overseeing Trump's criminal case, indicated she would give the parties about three months before trial to prepare. If these three months start from the end of June, then the trial will begin at the beginning of September.

“I think it's very likely that a jury will be sworn in this case and evidence will be presented against him in which prosecutors claim he is the only one of all U.S. presidents to have disrupted the peaceful transition of power ” Kovarsky said. “I'm not at all sure he'll be found guilty of this crime by the jury. And if he's found guilty of this crime by a jury, if he wins the election, it won't matter .”

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This episode was produced by Connor Donevan. It was edited by Courtney Dorning. Our executive producer is Sami Yenigun.

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