The Supreme Court foreshadowed a long slog for Trump’s D.C. case, while his Florida charges have similarly stalled.
Michael Durand and other demonstrators protest Donald Trump's claims of immunity outside the Supreme Court on April 25, 2024. | Francis Chung/POLITICOThe already-slim likelihood that Donald Trump will face a criminal trial brought by special counsel Jack Smith before the 2024 election appeared to dwindle further Thursday in the face of withering scrutiny from the Supreme Court’s conservative majority.
The trial in the case was initially scheduled to begin in March of this year. But the proceedings in the trial court have been frozen for months while Trump has pursued his claim that he enjoys absolute immunity from any charges touching on his official acts. Their protestations contrasted with those of the court’s outnumbered liberals, who repeatedly challenged Trump’s attorney, D. John Sauer, on his claim that Trump’s efforts to assemble false slates of electors or pressure state officials to help his reelection could be construed as “official acts” of a president rather than the “private” conduct of a political candidate.
“Reliance on the good faith of the prosecutor may not be enough,” Chief Justice John Roberts said as he scoffed at the unanimous D.C. Circuit Court of Appeals decision that found former presidents enjoy no immunity in criminal cases. Two other justices — Gorsuch and Justice Amy Coney Barrett — also suggested that further proceedings in the lower courts may be necessary.
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