Hindustan Times (Lucknow)

Trump’s immunity claims in top court: Ex-prez likely to gain from lengthy trial delay

- Letters@hindustant­imes.com

WASHINGTON: There was talk of drone strikes and presidenti­al bribes, of a potential ruling “for the ages” and of the Founding Fathers, too. The presidenti­al race went unmentione­d but was not far from mind.

The Supreme Court heard more than 2 1/2 hours worth of arguments on the landmark question of whether former President Donald Trump is immune from prosecutio­n in a case charging him with plotting to overturn the 2020 presidenti­al election.

Though the justices appeared likely to reject Trump’s absolute immunity claim, it seemed possible he could still benefit from a lengthy trial delay, possibly beyond November’s election.

Justice Neil Gorsuch conveyed concern that prosecutor­s, or political opponents, could have bad motives in pursuing political rivals. Michael Dreeben, a lawyer for special counsel Jack Smith’s team, responded that this fear was inapplicab­le in this case.

“I appreciate that,” Gorsuch said. “But you also appreciate that we’re writing a rule for the ages.”

Other justices were no less lofty in describing the historic stakes of the case and the potential for precedent that will stand the test of time far beyond Trump. For conservati­ve justices, that approach seemed a way to set aside the facts of the Trump indictment and the brazen

abuse of power it alleges and focus instead on the implicatio­n of a court ruling on cases that have yet to be charged — but theoretica­lly could be.

“This case has huge implicatio­ns for the presidency, for the future of the presidency, for the future of the country, in my view,” said Justice Brett Kavanaugh, a Trump appointee who served in the George W Bush White House and is generally seen as a staunch protector of presidenti­al power.

All in all, the court seemed more interested in the future than the present as it contemplat­ed the ruling ahead. There were plenty of historic callbacks, too, with frequent invocation­s of the nation’s Founding Fathers.

There was no reference in the arguments to “November”. Nor to “2024”. Even Trump’s name was barely uttered, and mostly

in the context of the formal title of court cases.

Yet there’s no question that the 2024 election was the proverbial elephant in the room, and in that sense, the words not spoken were almost as loud as those that were.

Hovering in the background of Thursday’s session was the tacit acknowledg­ment that the court is helping decide not only whether Trump is immune from prosecutio­n but also whether he can stand trial before the vote.

The uncomforta­ble reality for an institutio­n loath to be thought of as a political actor is that a decision that takes until late June or early July to write, or that directs a lower court to do additional analysis about which acts Trump could conceivabl­y be entitled to immunity for, could delay the trial until after the election.

 ?? REUTERS ?? Donald Trump waves to supporters as he leaves to attend hush money criminal trial in New York City, on Friday.
REUTERS Donald Trump waves to supporters as he leaves to attend hush money criminal trial in New York City, on Friday.

Newspapers in English

Newspapers from India