Donald Trump is celebrating his partial immunity from criminal prosecution, certified by the Supreme Court, as a “great victory.” But the apparent triumph could also prove to be a stumbling block for the presidential candidate.
These are very successful days for Donald Trump: Last Thursday evening, the Republican made his opponent in the presidential race, incumbent Joe Biden, look literally ancient in a TV debate on CNN. And now the US Supreme Court has backed the 78-year-old in his legal problems. A US president enjoys absolute immunity for actions that are part of his core constitutional duties and can only be prosecuted for activities in a private context, decided the conservative majority of judges, some of whom were appointed to office by Trump himself.
Donald Trump’s game of time is paying off
The historic verdict is expected to be celebrated by the Trump camp. “A great victory for our constitution and democracy. Proud to be an American,” the former president commented on the decision on his online platform Truth Social. Although the judges did not grant the Republican the full immunity he demanded, the verdict nevertheless presents Trump’s accusers with high hurdles in his various trials. And it ensures that the trial against the 78-year-old in connection with the storming of the US Capitol can almost certainly not take place until after the elections on November 5.
Trump is accused in federal court in Washington of attempting to overturn the outcome of the 2020 presidential election in several ways. For example, he is said to have put pressure on state officials, the Justice Department and then-Vice President Mike Pence not to certify the results, he is said to have joined forces with others to submit lists of false electors from swing states to Congress and he is said to have encouraged his supporters to march on the U.S. Capitol on January 6 to prevent the certification of Biden’s election victory.
The Supreme Court has now asked the lower federal court to examine the extent to which the 45-page indictment refers to “official” or “unofficial” actions and which parts of the indictment are admissible at all. This will significantly prolong the legal dispute – much to Trump’s delight. The Republican is playing for time in all of his legal disputes, because after an election victory he could instruct the federal judiciary to drop all proceedings against him. By delaying the Washington trial until after the presidential election, the Republicans have achieved an important goal.
Expert on Trump verdict: “Changes the presidency in an incredible way”
Hearing could become a mini-trial for Trump
But the US Supreme Court’s order to review the indictment could also backfire on Trump and his supporters, because it gives prosecutors the opportunity to present much of their evidence against Trump to a federal judge and the public in a kind of mini-trial in which the facts are thoroughly examined.
The agency could call not only witnesses such as Pence or former Attorney General William Barr to testify about Trump’s actions after the 2020 election, but also lawyers and campaign aides who were involved in fraud attempts, as well as state officials who were pressured by Trump. The court dates could look like a full-blown trial against Trump, with only the jury missing to reach a verdict – and possibly just before the 2024 election.
While it is not yet clear when the hearings will take place or how long they will last, if the presiding federal judge, Tanya Chutkan, sticks to her practice of dealing with procedural questions quickly and schedules the reviews for September or October, they would accompany the most heated phase of the presidential election campaign for several days or perhaps even weeks.
“The very bad news for Donald Trump and for candidate Trump in this decision today – very, very bad – is: Mike Pence is going to walk into a federal courtroom, raise his right hand, take an oath to tell the truth, and testify against Donald Trump in this case in September,” predicted Lawrence O’Donnell, host and political analyst at the left-liberal broadcaster MSNBC. The hearings will be “exactly like an impeachment,” O’Donnell said. “You’re going to see this incredible January 6th hearing on steroids, possibly for six to eight weeks, maybe in September, October.”
“This will backfire politically”
Political commentator Van Jones sees another level on which the Supreme Court Justices’ decision could harm Trump. Jones explained on CNN that he is observing a stronger mobilization of the left-wing camp: “This will backfire politically,” Jones said of the immunity ruling. “Because what I see now from the left: If you thought that people were discouraged by what happened last week at Biden’s appearance, they are now outraged and afraid that Donald Trump will come into office and be a completely crazy dictator.”
In a speech at short notice at the White House, President Biden called on voters to prevent such an autocrat: “This nation was founded on the principle that there are no kings in America,” said Biden. “Each of us is equal before the law. No one, no one is above the law, not even the President of the United States.” The American people must now do what the court has not done: pass judgment on Donald Trump’s conduct, the 81-year-old appealed to the people. They must decide whether they want to entrust Donald Trump with the presidency again, “now that they know he will be even more emboldened to do whatever he wants, whenever he wants.”
Sources: MSNBC News, “New York Times”, “Roll Call”, “Raw Story”, White House, YouTube
