Friday, April 26, 2024

Court Dock

It looks like Trump may have the Supreme Court at least partly on his side:
The court heard oral arguments regarding if Trump is immune from prosecution on charges of attempting to overturn the results of the 2020 election, as Special Counsel Jack Smith claims. A federal trial court ruled in Smith’s favor that Trump is not immune from prosecution, but Smith’s prosecution in D.C. has been on hold until the Supreme Court weighs in, likely in late June. Arguments revealed that a majority appears to agree that presidents do enjoy some scope of immunity after their term in office, but the ultimate question will be the establishment of a standard. If the Court institutes a test, it would vacate (i.e., strike) the lower court decision that former presidents have no immunity, sending that case back to trial court. That court would then undergo a painstaking point-by-point analysis on each fact to determine if immunity exists. That process could take months. And the Supreme Court appears likely to hold that decision itself would be appealable.
A win is a win...

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