The Supreme Court has three ways to resolve the Donald Trump case. Legal Analyst

The U.S. Supreme Court has three paths to resolve former President Donald Trump's presidential immunity claim, according to legal analyst Glenn Kirschner on Saturday.

Trump, the presumptive 2024 GOP presidential nominee, has sought to use the defense of presidential immunity to shield himself from a plethora of criminal and civil challenges. Most notably, he sought defense in his federal election interference case regarding the events leading up to the U.S. Capitol riot on January 6, 2021. This case was brought by the Department of Justice's Special Counsel. Justice (DOJ), Jack Smith.

Trump was indicted in August on four federal counts: conspiracy to defraud the United States; conspiracy to obstruct an official proceeding; obstructing and attempting to obstruct an official proceeding; and conspiracy against rights. He has pleaded not guilty to all charges against him and claims the indictment is politically motivated.

Supreme Court justices heard oral arguments Thursday to determine whether or not presidential immunity protects Trump from criminal charges for actions he took while in office.

The United States Supreme Court will meet on April 25 in Washington. The Court has three paths to resolve former President Donald Trump's presidential immunity claim, according to legal analyst Glenn Kirschner on Saturday. The United States Supreme Court will meet on April 25 in Washington. The Court has three paths to resolve former President Donald Trump's presidential immunity claim, according to legal analyst Glenn Kirschner on Saturday. MANDEL NGAN/AFP/Getty Images

On Saturday, Kirschner, a former assistant U.S. attorney and frequent critic of the former president, posted a video to his YouTube channel in which he discussed three options the court could take to resolve the former president's presidential immunity claim .

“I think at this point it's impossible to predict precisely what this Supreme Court will do. But those three possibilities are: First, do what the Constitution says and reject Donald Trump's claim that he enjoys absolute immunity…The Constitution, of course, does not provide that a president is immune from prosecution, in fact, it expressly provides the opposite,” he said.

He continued: “The second possibility is that the Supreme Court justices may be so interested and enamored with this absurd argument about the president's official actions on the outer perimeter, perhaps a slight criminal treason on the part of Donald Trump .Maybe these outer perimeter presidential acts should.”

“The third possibility is that they decide that the president has absolute immunity and can commit whatever crimes they want against the American people and they can't be prosecuted for it. They will bring back the 'America directly to the monarchy that we fled and fought against… The only way to get America out of this march toward autocracy is if they decide that Donald Trump is not above the law. »

Newsweek contacted the Supreme Court via an online electronic form and Trump's spokesperson by email for comment.

Kirschner's comments come after Thursday's questioning. Some justices on the highest court appeared skeptical that presidents should have absolute immunity from criminal prosecution for private acts during their tenure as commander in chief. However, a majority of justices seemed open to some form of immunity for official acts taken by a president.

The justices' remarks during the hearing led many analysts to predict that the Supreme Court could send the case back to a lower court to determine whether the individual accusations in Smith's case involve official or private acts. As a result, many analysts expect Trump's trial in the federal case to be delayed and not take place before the election.

Uncommon Knowledge

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