The Supreme Court appeared ready to reject former President Donald Trump’s claims of sweeping immunity and the broad protections he has sought to shut down his federal election subversion case, but also reluctant to give special counsel Jack Smith carte blanche to pursue those charges.
After nearly three hours of oral arguments, several of the justices seemed willing to embrace a result that could jeopardize the ability to hold a trial before the November election. The court’s conservatives aggressively questioned the lawyer representing the special counsel, seemingly embracing a central theme that had been raised by Trump that without at least some form of immunity future presidents would over time be subjected to politically motivated prosecutions.
Kagan fired back by asking what would happen if the order came on the final days of a presidency and there was not time to impeach or convict. “You’re saying that’s an official act? That’s immune?” Kagan asked. Sauer had to acknowledge that, under Trump’s theory, “it could well be.” “That sure sounds bad, doesn’t it?” Kagan responded.
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