UpdatedApr 25

Supreme Court Grapples With ‘Official’ vs. ‘Private’ Acts in Trump Immunity Appeal

The high court considers whether Trump is immune from prosecution in the federal election case in a decision that could delay his trials further into the year.

By Epoch Times Staff

| Published Apr 25, 2024 | Updated Apr 25, 2024

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Supreme Court Grapples With ‘Official’ vs. ‘Private’ Acts in Trump Immunity Appeal — Protestors in front of the Supreme Court in Washington on April 25, 2024. Madalina Vasiliu/The Epoch Times

Pinned

Supreme Court Seems Open to Allowing Some Presidential Immunity, May Delay Trump Trial

By Sam Dorman

Apr 25

Supreme Court Seems Open to Allowing Some Presidential Immunity, May Delay Trump Trial — The Supreme Court in Washington on April 25, 2024. Mandel Ngan/AFP via Getty Images

The Supreme Court seemed skeptical on April 25 of former President Donald Trump’s claim that he should receive absolute criminal immunity, but it appeared to be open to allowing some level of immunity for presidents.

Conservative justices seemed poised to remand the case back to the district court in Washington with instructions on what constitutes official and private acts for further fact-finding proceedings. This would further delay President Trump’s trial in Washington and possibly other proceedings in Georgia, Florida, and New York, handing him a strategic win as he seeks to hold up cases until after the November presidential election.

Attorney D. John Sauer argued for President Trump, and former Deputy Solicitor General Michael Dreeben argued for Special Counsel Jack Smith. The case stems from President Trump’s attempt to dismiss Mr. Smith’s indictment related to his activities on and leading up to Jan. 6, 2021.

Supreme Court Seems Open to Allowing Some Presidential Immunity, May Delay Trump Trial

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Jackson Asks If This Case Is the Right Vehicle to Question Presidential Immunity

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Special Counsel Attorney Alleges ‘Integrated Conspiracy’

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Protestors in front of the Supreme Court in Washington on April 25, 2024. (Madalina Vasiliu/The Epoch Times) — Protestors in front of the Supreme Court in Washington on April 25, 2024. Madalina Vasiliu/The Epoch Times

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Dreeben: ‘The President Has No Functions’ in Certifying Presidential Elections

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Alito Questions How Robust are the ‘Layers of Protection’

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Gorsuch Raises Hypothetical of President Leading Peaceful Protest

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Risk of ‘Creative’ Prosecution of the President

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Sotomayor: Impeachment Before Criminal Charges Creates Contradiction

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Special Counsel Lawyer: Politically Driven Prosecution Would Violate the Constitution

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Dreeben: No Prior Prosecutions Because ‘There Were Not Crimes’

By T.J. Muscaro

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Special Counsel Lawyer Says Absolute Immunity Not Constitutional

By Samantha Flom

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Jackson: Absolute Immunity Could Turn Oval Office into ‘Seat of Criminal Activity’

By Jacob Burg

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Jackson: What Is the Presidential Motivation to Follow the Law With Immunity?

By Savannah Hulsey Pointer

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Barrett: Does Impeachment Necessarily Precede Criminal Prosecution?

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Kagan: No Immunity Clause in the Constitution

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Kagan: Would Selling Nuclear Secrets Warrant Immunity

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Trump Counsel Argues that ‘Defending Election Integrity’ in Arizona was Official Act

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Expunging ‘Official Acts’

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Alito Brings Up SEAL Team 6 Example

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Sotomayor Questions Absolute Immunity

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Justice Jackson Suggests Pursuing ‘Personal Gain’ is Not ‘Acting Officially’ as President

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Roberts Asks About Hypothetical Bribe

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Justices Ask About 'Official Acts

Apr 25

Trump Criticizes New York Judge After His Request to Attend Supreme Court Presidential Immunity Hearing Denied

By Stephen Katte

Apr 25

Trump Criticizes New York Judge After His Request to Attend Supreme Court Presidential Immunity Hearing Denied — Former President Donald Trump sits in the courtroom during the second day of his criminal trial at Manhattan Criminal Court in New York City on April 16, 2024. Justin Lane-Pool/Getty Images

Former President Donald Trump has criticized a New York Judge for barring him from attending a Supreme Court hearing on whether he has presidential immunity from prosecution for acts committed while he was in the White House.

The Supreme Court in Washington, D.C., will start hearing arguments in the case on Thursday. A ruling on presidential immunity is expected by late June. However, New York State Supreme Court Justice Judge Juan Merchan denied former President Trump’s request for leave, saying he is needed in the New York Supreme Court for his so-called “hush money” trial.

In an April 24 interview with Fox News Digital, the former president claimed the judge thinks he is above the highest court in the land.

What to Know

By Sam Dorman

Apr 25

Supreme Court to Hear Trump Immunity Appeal That Could Further Delay Cases

By Sam Dorman

Apr 24

Supreme Court to Hear Trump Immunity Appeal That Could Further Delay Cases — Former President Donald Trump speaks to the media after leaving the courtroom for the day at Manhattan Criminal Court during his trial for allegedly covering up hush money payments linked to extramarital affairs in New York on April 19, 2024. Sarah Yenesel/Pool/AFP via Getty Images

The Supreme Court, in its upcoming immunity case filed by former President Donald Trump, may rule to send the case back to the district court in Washington, allowing him to further delay proceedings as desired, according to experts.

April 25 is the date the justices set for oral arguments over President Trump’s claims of immunity from prosecution under the indictment brought by special counsel Jack Smith in Washington. It’s unclear how the justices will rule, but a decision, expected in June, will alter the course of the former president’s case and potentially complicate his others as well.

Representing President Trump will be attorney D. John Sauer, who also argued for him in the D.C. Circuit. Former Deputy Solicitor General Michael Dreeben is expected to argue for Mr. Smith’s team.