What you need to know about the Supreme Court's ruling on Donald Trump's immunity

(The Hill) – The country is bracing for a high-stakes Supreme Court ruling that could come as soon as this week based on former President Donald Trump's arguments that he is immune from prosecution as as former commander-in-chief.

The case could have a significant impact on how former presidents can be held accountable for any criminal actions they committed while in office, and it is among 14 cases the court has yet to decide this term.

While it's possible the decision could be delayed until early July, a decision this week would fall since the first presidential debate is scheduled for Thursday and just weeks before the GOP convention in Milwaukee.

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The case leaves the high court considering the extent to which presidential immunity can protect a former executive from any conduct while in office.

During the April arguments, Trump asked the court to adopt a sweeping immunity argument, saying a president has absolute immunity for official acts while in office and that immunity applies afterward. having left office. He and his lawyer argue that the protections cover his efforts to prevent the transfer of power after his defeat in the 2020 election.

Special counsel Jack Smith argued that only sitting presidents have immunity from criminal prosecution and that Trump's proposed broad scope would give carte blanche to criminal conduct.

What are the issues in the case?

It seems unlikely that the court will take the case to the logical extreme that ordering the assassination of a political rival could be covered by presidential immunity, which Trump's team has asserted in court would likely be protected.

It is clear that the justices considered the far-reaching implications of Trump's broad immunity, as during oral arguments they speculated about cases in which a president accepts a bribe to appoint an ambassador or even sells nuclear secrets.

I'm trying to understand what the deterrent effect is of turning the Oval Office into, you know, the seat of criminal activity in this country, Justice Ketanji Brown Jackson said at the time.

Trump's team has argued that the only way a president can be prosecuted for crimes is to try and convict him in impeachment proceedings. That's the opposite of the position Trump's lawyers took when he was impeached on Jan. 6, arguing then that the matter should be left to the court system.

FILE – Former Republican President Donald Trump speaks during a campaign rally, June 22, 2024, at Temple University in Philadelphia. The federal judge presiding over Trump's classified documents case will hear arguments Monday (June 24) on whether to bar him from public comments that prosecutors say could endanger the lives of FBI agents working on the case . Special counsel Jack Smith's team says the restrictions are necessary in light of Trump's false comments that FBI agents who searched his Mar-a-Lago property for classified documents were seeking to kill him, him and his family. (AP Photo/Chris Szagola, File)RACINE, WISCONSIN – JUNE 18: Former Republican President Donald Trump arrives for a rally at Festival Park on June 18, 2024 in Racine, Wisconsin. This is Trump's third visit to Wisconsin, a swing state in 2024. (Photo by Scott Olson/Getty Images) NEW YORK, NEW YORK – MAY 30: Former US President Donald Trump speaks to the media after being found guilty of all 34 counts. during his secret trial in Manhattan Criminal Court on May 30, 2024 in New York. The former president was found guilty of all 34 counts of falsifying business records in the first of his criminal cases to go to trial. Trump has now become the first former US president to be convicted of felony crimes. (Photo by Justin Lane-Pool/Getty Images)NEW YORK, NEW YORK – MAY 30: Former U.S. President Donald Trump arrives at Trump Tower on May 30, 2024 in New York. The former president was found guilty of all 34 counts of falsifying business records in the first of his criminal cases to go to trial. Trump has now become the first former US president to be convicted of felony crimes. (Photo by Stephanie Keith/Getty Images) NEW YORK, NEW YORK – MAY 29: Former U.S. President Donald Trump attends his criminal trial at Manhattan Criminal Court on May 29. , 2024 in New York. Judge Juan Merchan will instruct the jury before beginning its deliberations today. The former president faces 34 counts of falsifying business records in the first of his criminal cases to go to trial. (Photo by Curtis Means – Pool/Getty Images)NEW YORK, NEW YORK – MAY 28: Former United States President Donald Trump returns to court for his secret trial at Manhattan Criminal Court on May 28, 2024 in New York. Closing arguments are set to begin in the secret trial of former US President Trump. The former president faces 34 counts of falsifying business records in the first of his criminal cases to go to trial. (Photo by Julia Nikhinson-Pool/Getty Images)Former President Trump sits in Manhattan Criminal Court in New York, May 20, 2024.

It is more likely that the court will seek to craft a more nuanced approach, in which former presidents can be prosecuted for private conduct while still being granted immunity for actions considered essential to their ongoing responsibilities.

The question is, as we've explored here today, a bit about how to separate private conduct from official conduct that may or may not qualify for some immunity, Justice Neil Gorsuch said in April, the one of the six conservative courts.

What did the previous judges determine?

Lower courts rejected Trump's arguments, with the former president losing two challenges related to the case.

Whatever immunities a sitting president may enjoy, the United States has only one chief executive at a time, and that position does not confer freedom from prison for life. Former presidents receive no special conditions for federal criminal liability, U.S. District Judge Tanya Chutkan, who is overseeing the case, wrote in a December ruling.

The accused's four years of service as commander-in-chief did not confer on him the divine right of kings to escape the criminal liability that governs his fellow citizens, she added in her ruling.

The D.C. Circuit Court of Appeals also rejected Trump's challenge.

For purposes of this criminal case, former President Trump became a Trump citizen, with all the defenses of any other criminal defendant, the court determined by a three-judge panel.

But any executive immunity that might have protected him while he was president no longer protects him from these prosecutions.

How will this impact Trump's lawsuits on January 6?

It appears unlikely that judges will dismiss any case against Trump, as the former president has requested.

But depending on how the court analyzes the limits of official actions, the decision could take the court much longer.

It is possible that the Supreme Court will grant some immunity to former presidents while determining that none of Trump's actions to stay in power can be considered official acts.

But the court could also decide to send the case back to a lower court, giving Chutkan guidance and asking him to reconsider whether any of Trump's behavior meets its test of what constitutes presidential actions meriting immunity.

If the court chooses this path, Trump could appeal, potentially sending the issue back to the Supreme Court.

How will this affect Trump's other businesses?

Trump has made similar arguments in the other trials he faces.

Siding with Trump, even in a limited ruling, could force courts to spend more time weighing the issue. That could benefit Trump, who has sought to delay his trials. If he wins the presidency, he could order the Justice Department to drop federal charges against him.

And if the court agrees with Trump's general idea on immunity, it could overturn his Manhattan hush money conviction, which he has vowed to appeal, as well as his ongoing election interference lawsuit in Georgia.

However, in the Mar-a-Lago documents case, prosecutors argued that presidential immunity had little impact on the case.

Prosecutors argued that Trump took the documents after leaving office, suggesting presidential immunity would not apply.

But beyond keeping the records, prosecutors note that other elements of the case occurred well after Trump left the Oval Office, including hiding the records from his lawyer as well as law enforcement. order, which he was able to do by ordering his co-defendants to do so. move the boxes in his domain.

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