Former Attorney General Eric Holder said Wednesday he worries the Supreme Court will reach a “dangerous” conclusion on former President Trump’s claim of executive immunity, in part because the court has been slow to issue its decision.
Trump has claimed immunity from federal charges related to storing classified documents at his Mar-a-Lago, Florida, vacation home, the 2020 election and the January 6 riot at the Capitol.
The Supreme Court’s decision is expected by the end of June.
In an interview with MSNBC’s “Deadline: The White House” host Nicolle Wallace, President Obama’s former attorney general said some judges have been swayed by Trump’s Violating criminal law Whether he did so in his official role as president.
“For example, there may be a basis to say, as some judges seem to be faffing about with that, that if the president breaks a criminal law, that’s OK if it was in the course of official duties,” Holder said. “We need to take a step back and think about that.”
“Hold on a second: The president can potentially violate the criminal laws of the United States if he does anything in his official capacity. That’s an absurd and dangerous conclusion,” Holder said. “I worry that we’re going to see that coming from the Supreme Court, given how long it’s taken them to decide this case.”
Holder also said, “Anything short of the Supreme Court’s ruling that the president should obey the law like any other American is absurd.”
Trump and his lawyers argue that former presidents have immunity from criminal prosecution for acts committed in the course of official duties.
The Supreme Court’s next dates for rulings are Thursday and Friday, but it is unclear what decision will be made on those dates.
Some observers and Trump critics don’t believe the Supreme Court will find Trump entitled to immunity.
George Conway, a conservative lawyer and critic of Trump, told CNN last week that he believes Trump is “going to lose badly” in the lawsuit.
“I have confidence in the court on this case. I think Donald Trump will lose. I think he will lose badly,” Conway said. “There may be some tweaks to the ruling, there may be some steps added to the trial, but at the end of the day, I don’t think he’s going to prevail.”
