Supreme Court's immunity ruling could backfire on Trump

July 2, 2024, 7:35 p.m. UTC

By Lawrence O'Donnell

Monday’s Supreme Court decision was very bad news for Donald Trump, and arguably even worse news for candidate Trump. That’s because Mike Pence will walk into a federal courtroom, raise his right hand, take an oath to tell the truth, and testify against Trump in the case in September at an evidentiary hearing.

Monday’s ruling granted Trump absolute immunity from prosecution for one paragraph of the indictment. The rest of the indictment is being sent back to Judge Tanya Chutkan, where the Supreme Court has ordered her to hold an evidentiary hearing in the case to determine whether Trump’s actions were official acts — that is, whether they could be shielded by immunity — or not. That applies to everything in the case except for a conversation Trump had with the acting attorney general.

During this hearing, there will be essentially briefs from each side. Then the judge will set a day and say, OK, we're starting today, Mr. Smith. Who is your first witness? It's just like in a court proceeding.

Sometimes before trial, when the evidence is presented, prosecutors don't want to show all their cards. But Jack Smith is going to have to show them all, one by one. Because the Supreme Court has told him, in effect, “We need to see every single one of his cards.” So he's going to call every witness he has in court. They're all going to be under oath, and the defense will be able to cross-examine them. The defense probably won't call any witnesses. So you're going to be in this incredible hearing on January 6th, which will probably last six to eight weeks, from September to October.

This is an adapted excerpt from MSNBC's special coverage of the Supreme Court's decision on presidential immunity on July 1.

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