Legal experts say it’s unlikely that former President Trump will go on trial in Washington’s election interference case before Election Day, given the Supreme Court’s new ruling on the issue.
The Supreme Court ruled on Monday that President Trump and all former presidents enjoy presumed immunity for “official acts” performed while in office. The decision sends Special Counsel Jack Smith’s indictment back to a lower court, which will now consider whether President Trump’s actions constituted “official acts” when he sought to overturn the results of the 2020 election.
Jonathan Turley, a law professor and Fox News contributor, said the Supreme Court has given lower courts clear direction on how to distinguish between public and private acts.
“This ruling is not the vague remand that some had expected. It clearly states that the President’s motives are not the subject of the lawsuit. It also states that the President is expected to speak to the nation about issues of vital importance, specifically referencing President Trump’s January 6th speech. It also states that conversations with Executive Branch officials, like former Vice President Pence, are part of official ceremonies,” Turley told Fox News Digital.
Trump lawyer and Supreme Court justice at odds over whether a president who “ordered” a “coup” should be indicted
Legal experts say it’s unlikely that former President Trump will go on trial in Washington’s election interference case before Election Day, given the Supreme Court’s new ruling on the issue. (Felipe Ramares for Fox News Digital)
“The description of the court’s public events and the circumstances surrounding them will have a huge impact on these cases. Special Counsel Jack Smith has the benefit of a very sympathetic lower court judge, but Judge Chutkan is no longer willing to rule from a clean slate. The court followed up its right hook in Fisher with an absolutely smashing blow in Trump,” he added.
Justice Alito questions whether president should fear being jailed by ‘very fierce political opponents’
Still, any arguments over Trump’s actions since the 2020 election will likely take time, with lawyer and legal commentator John Thew saying a trial before Election Day is almost certainly not possible.
Any arguments about Trump’s actions since the 2020 election will likely take time, and lawyer and legal commentator John Thew has said a trial before Election Day is almost certainly not possible. (Getty Images)
“Logically, I don’t see how Jack Smith and the Department of Justice could begin the Washington D.C. or Florida trials against former President Trump before November, much less finish them before then,” he told Fox, referring to the Washington D.C. election interference case and the Florida classified documents case. “But Jack Smith has earned a reputation for being ultra-aggressive, so it’s possible that he and the Department of Justice are now feeling pressured to delay former President Trump’s trial.” [Southern District of Florida] Stricter judgment against Judge Cannon would likely backfire.”
Supreme Court considers major constitutional challenge over President Trump’s immunity claim
Turley agreed that the Supreme Court’s decision would likely delay Trump’s trial beyond November, and said Smith may be forced to retcon history and draft a new indictment.
The U.S. Supreme Court ruled 6-3 that the president enjoys presumed immunity for acts performed while in office. (U.S. Supreme Court Collection via Getty Images)
“A trial is unlikely before the election. Pretrial proceedings were stayed while the appeal was pending. The court now must also address the Fisher and Trump decisions,” he said.[D.C. District] Judge Chutkan undermined this case by conceding to Smith and rushing the schedule. The Court found little in the record to answer these questions. Rushing it again would likely result in similar results.”
Click here to get the FOX News app
President Trump and his allies in Congress on Monday welcomed the Supreme Court’s 6-3 decision.
“Democrats have proven they will stop at nothing to … destroy it,” said House Majority Whip Tom Emmer, R-Minn., the No. 3 Republican in the House. [Trump]Today’s Supreme Court decision is a positive step in the right direction toward ending their pointless legal war.”
Fox News’ Brianna Herlihy contributed to this report.
