High Stakes: Supreme Court to Review Presidential Immunity, Trump’s Fate Hangs in the Balance


Photo: Rebecca Weiss

On Wednesday, the Supreme Court agreed to review the case concerning former President Donald Trump’s claims of presidential immunity.

The Court set an expedited timeline, with arguments beginning the week of April 22. This decision could potentially delay Trump’s trial until after the election.

Special Counsel Jack Smith had urged the court to dismiss Trump’s push for a review of presidential immunity.

The Supreme Court also declined to exercise an option to simply affirm the decision by a three-judge panel D.C. Appeals Court panel against Trump. 

In what would be a historic ruling on a hotly-contested topic for some time, the court stated that they would review, “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.”

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Trump Celebrates Supreme Court Decision To Review Presidential Immunity

By most expert analysis, the decision by the Supreme Court to review the matter of presidential immunity is a win for former President Trump and a significant setback for Smith’s team.

Even if the court were to render a decision quickly and in favor of the special counsel, it now seems highly unlikely that the trial regarding January 6th would be heard, much less resolved, prior to the election in November.

As such, Trump issued a statement on Truth Social celebrating the news.

“Legal Scholars are extremely thankful for the Supreme Court’s Decision today to take up Presidential Immunity,” he said. “Without Presidential Immunity, a President will not be able to properly function, or make decisions, in the best interest of the United States of America.”

Trump contends, and actions taken by the administration since President Joe Biden entered the White House concur, that without immunity, this “could actually lead to the extortion and blackmail of a President.”

“The other side would say, ‘If you don’t do something, just the way we want it, we are going to go after you when you leave office, or perhaps even sooner,’” he asserted.

That is exactly how it has played out.

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Could Well Be Game Over

In another sign that the Supreme Court’s decision to review presidential immunity is a big win for Trump, analysts for left-wing media outlets aren’t exactly covering up their doom and gloom predictions.

Axios found election law expert Rick Hasen, who wrote, “This could well be game over.”

“There’s nothing Trump wants more in this case than a delay. If he wins in November and hasn’t been tried before Inauguration Day, there’s a good chance he never will be,” Axios adds.

Former Justice Department prosecutor and MSNBC legal analyst Andrew Weissmann surmised that the Supreme Court might hand Trump another victory.

“By granting the stay, [SCOTUS] is essentially saying that [Trump] is de facto immune…And I think it ends up being that they’ve given a win to Trump here, and I think they’re gonna give a win to Trump in the Colorado case as well,” Weissmann said.

MSNBC host Rachel Maddow called the Supreme Court’s announcement “BS” and “bullpucky,” accusing them of trying “to help your political friend.”

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Rusty Weiss has been covering politics for over 15 years. His writings have appeared in the Daily Caller, Fox… More about Rusty Weiss