This artist sketch depicts, from left, Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice of the United States John Roberts, Associate Justice Samuel Alito, and Associate Justice Elena Kagan at the Supreme Court during arguments over whether former President Donald Trump is immune from prosecution in a case charging him with plotting to overturn the results of the 2020 presidential election, on Capitol Hill in Washington, Thursday, April 25, 2024.
Hovering in the background of Thursday’s session was the tacit acknowledgment that the court is helping decide not only whether Trump is immune from prosecution but also whether he can stand trial before of the vote. Such a ruling would almost certainly delay the trial until after the election. That would be a victory for Trump because, if he defeats President Joe Biden in November, he could presumably order his new attorney general to dismiss the case, or issue a pardon for himself.
“Why shouldn’t we either send it back to the Court of Appeals or issue an opinion making clear that that’s not the law?” Roberts asked Dreeben. Meanwhile, Kavanaugh and fellow conservative Samuel Alito seemed more receptive to Trump’s claims, particularly the suggestion that not granting immunity could open the door former presidents being prosecuted for political reasons.
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