SCOTUS & The Trump Immunity CasePosted By James Brown |
I have no idea, but the process you and Tribe are describing is normal, complicated, and extremely thorough!Originally Posted by Rod KaufmanSCOTUS had been set to hear the Trump immunity case on April 23rd but Jack Smith did request it be expedited, so, for good measure, they delayed it until April 25th.
Given how the question before the court has been worded, which is how the Trump lawyers have framed it, there's a good chance it may be decided in Trump's favor:
"Whether and if so to what extent does a former President enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office."
"The court has formulated an overly broad question to be answered in the appeal, rather than the straightforward one: whether Trump is absolutely immune from prosecution for the crimes alleged in the indictment obtained by special counsel Jack Smith."
"Smith did not frame the issue as involving official acts in his Supreme Court filings, but rather asked the court to decide “whether a former president is absolutely immune from federal prosecution for crimes committed while in office.”
"Trump’s lawyers have sought to define his conduct as official acts undertaken while president. The Supreme Court’s order now also incorporates that qualifier."
"Given that, the Supreme Court could answer what Tribe described as a “sweeping” and “abstract” question with a more convoluted answer: There can be immunity in some circumstances for official acts, but not for others. This sort of answer would allow the court to sidestep its responsibility to decide the practical issue of whether Trump must stand trial in this specific instance. As Tribe warned, the court could instead “decide this broad legal question and send the case back to the D.C. Circuit.”
"In that scenario, the court would return the appeal to a lower court to apply its ruling to the facts of the indictment against Trump. That delay would be the final, fatal blow to the government’s effort in D.C. to hold Trump accountable in a jury trial before November’s election."
https://www.msnbc.com/opinion/msnbc-opinion/supreme-court-wrong-question-trump-immunity-case-rcna141509
Gee, I wonder how the court is going to rule...