Key moments from landmark Supreme Court arguments on Trump’s immunity claims
WASHINGTON (AP) — 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.
A look at some of the many notable moments:
‘A RULE FOR THE AGES’ 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. denied any wrongdoing.
“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.
WORDS NOT SPOKEN 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.