Supreme Court Justices Weigh 'Absolute Immunity' For Trump, Lean Toward Some Protection: 'We Have Seen This Process Where The Loser Gets Thrown In Jail'

The U.S. Supreme Court’s conservative justices are deliberating over former President Donald Trump’s claim for immunity from prosecution for actions taken during his presidency.

What Happened: The Supreme Court justices are examining Trump’s assertion that U.S. presidents should be granted “absolute immunity” for official acts. Trump, who is aiming to return to the White House, is seeking to avoid prosecution for actions he undertook while in office that resulted in his indictment by Special Counsel Jack Smith, reported Reuters on Thursday.

Although the justices seem unlikely to fully support Trump’s claim of absolute immunity, they expressed concerns about presidents not having any degree of immunity, particularly for less serious acts. The exact scope of such a ruling, however, is yet to be determined.

Trump appealed after lower courts rejected his request for immunity from four election-related criminal charges. The Supreme Court’s decision could potentially limit the charges against Trump, but it seems that parts of the indictment will persist.

Conservative Justice Samuel Alito expressed apprehensions about the possibility of retaliatory prosecution by future administrations, while Chief Justice John Roberts voiced concerns about potential misuse of prosecutions of presidents in the absence of immunity.

Alito asked a lawyer representing Smith, “Will that not lead us into a cycle that destabilizes the functioning of our country as a democracy?”

“We can look around the world and find countries where we have seen this process where the loser gets thrown in jail,” said Alito, according to the report.

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Why It Matters: This case marks the first time the Supreme Court is reviewing an appeal from one of Trump's criminal indictments. Trump's defense, which claims immunity from prosecution even post-presidency, has been rejected by two lower courts previously.

Despite the potential dismissal of Trump’s broad immunity argument by the Supreme Court, the case could still be redirected to U.S. District Court Judge Tanya Chutkan for further examination, offering a strategic victory for Trump.

Trump’s request to attend the Supreme Court arguments was denied due to his ongoing trial in New York.

The court’s decision, expected by the end of June, could further delay Trump’s trial and potentially impact the upcoming presidential election.

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