#SCOTUS is supposed to rule this morning on #Trump’s claim that he is immune from prosecution on charges of trying to overturn the 2020 election.
The decision will determine whether & how special counsel #JackSmith’s case against Trump can proceed — although it’s unlikely a trial would happen before #Election Day. But the ruling could also set an important #precedent for how to prosecute presidents for their actions in office.
#SCOTUS seems unlikely to side either w/ #Trump or #DOJ, which argued that presidents are not #immune from prosecution. (A 3-judge panel of the US Court of Appeals DC Circuit ruled unanimously in Feb in favor of the #Justice Dept.)
Instead, the justices will likely split the difference.
They could rule that Trump can be prosecuted for some charges & not others — or they could outline a test to determine what conduct Trump & other former presidents can be prosecuted for & what they can’t.
Michael Waldman, a fmr speechwriter in Pres Bill Clinton’s WH who is president & chief exec of the @BrennanCenter for #Justice, said the timing of the ruling might be more important than the decision.
“The court has already given #Trump what he craved, which is de facto #immunity before the #election,” Waldman said. By deciding the case on the final day of the term, the court has made it “very, very, very, very, very unlikely” it will go to trial before Election Day.