Judgment on immunity - Trump's triumph before the Supreme Court could boomerang on him
These have been very successful days for Donald Trump: Last Thursday evening, his Democratic rival in the presidential race, incumbent Joe Biden, appeared literally old on TV during a CNN debate with the Republican. And now, the Supreme Court of the United States has also given the 78-year-old a boost in his legal issues. A U.S. President enjoys absolute immunity for actions related to their constitutional duties and can only be charged criminally for activities in a private capacity, decided the conservative majority of the Justices, some of whom were appointed by Trump himself.
Trump's Game of Time Goes On
This historical ruling is being celebrated as expected by the Trump camp. "A great victory for our Constitution and democracy. Proud to be an American," commented the former President on his online platform Truth Social regarding the decision. Although the Justices did not grant Trump the comprehensive immunity he demanded, the ruling places high hurdles in the way of his accusers in all of his lawsuits. And it ensures that the proceedings against the 78-year-old in connection with the storming of the U.S. Capitol are likely to take place with considerable certainty only after the elections on November 5.
Trump is being charged in the Washington Federal Court with attempting to alter the outcome of the 2020 presidential election in various ways. He is accused of exerting pressure on public officials, the Justice Department, and then Vice President Mike Pence not to certify the results, of collaborating to present the Congress with lists of false electors from Swing States, and of encouraging his supporters to march to the U.S. Capitol on January 6 to prevent the certification of Biden's election victory.
The Supreme Court has now instructed the lower court to examine in detail whether the 45-page indictment refers to "official" or "unofficial" actions and which parts of the indictment are even admissible. This will significantly prolong the legal proceedings – to Trump's delight. The Republicans have thus achieved an important goal by delaying the Washington trial until after the presidential election.
Attachment Could Lead to Mini-Trial for Trump
However, the Supreme Court's order to review the indictment could also backfire on Trump and his supporters. It gives the prosecution the opportunity to present a large part of their evidence against Trump before a Federal Judge and the public in a mini-trial of sorts, where the facts are thoroughly examined.
The agency could not only summon witnesses such as Pence or former Attorney General William Barr to testify about Trump's actions after the 2020 election, but also lawyers and campaign staff involved in falsification attempts, as well as public officials who were pressured by Trump. The court dates could resemble a full-blown trial against Trump, lacking only the jury to render a verdict – and possibly just before the 2024 presidential election.
It's still unclear when the hearings will take place or how long they will last. However, if the presiding federal judge Tanya Chutkan adheres to her practice of swiftly handling procedural matters, and sets the investigations for September or October, these proceedings could coincide with the most intense phase of the presidential campaign.
"The very bad news for Donald Trump and for the Trump campaign in this decision today – very, very bad – is: Mike Pence will go to a federal courtroom, raise his right hand, take an oath, tell the truth, and testify against Donald Trump in this case in September," predicted Lawrence O'Donnell, host and political analyst at the left-leaning MSNBC. "The hearings will run 'exactly like an indictment,' O'Donnell said. 'You'll see this incredible January 6th hearing on steroids, possibly for six to eight weeks, maybe in September, October.'"
"It's going to backfire politically"
Political commentator Van Jones sees another level on which Trump could be harmed by the Supreme Court's decision. On the US network CNN, Jones explained that he observed a stronger mobilization of the left: "It's going to backfire politically," Jones said about the Immunity Decision. "Because what I see from the left now: If you thought people were demoralized by what happened last week at Biden's rally, they're now enraged and scared that Donald Trump will come into office and be a completely unhinged dictator."
President Biden called on voters in a hastily arranged speech at the White House to prevent such an autocrat: "This nation was founded on the principle that there are no kings in America," said Biden. "Everyone is equal before the law. No one, no one is above the law, not even the President of the United States." The American people must now do what the court did not: render a judgment on Donald Trump's behavior, Biden urged. They must decide whether to entrust him with the presidency again, "now, knowing that he will be emboldened to do whatever he wants, whenever he wants."
- Despite the Supreme Court's decision granting immunity to the President for some actions, Donald Trump's legal issues related to the storming of the U.S. Capitol are expected to continue until after the November 5 elections.
- Mike Pence, the former Vice President, could potentially testify against Donald Trump in the legal proceedings related to the Capitol storming, given the Supreme Court's order to review the 45-page indictment.
- The Supreme Court's decision to review the indictment could result in a mini-trial for Trump, allowing a federal judge and the public to examine a large part of the evidence against him.
- Political analyst Lawrence O'Donnell predicts that the hearings could last for six to eight weeks and resemble a full-blown trial against Trump, with Mike Pence and other witnesses testifying.
- According to CNN political commentator Van Jones, the Supreme Court's decision could mobilize the left and create a stronger opposition against Donald Trump's potential return to presidency.
- President Joe Biden urged voters to prevent Trump from obtaining the presidency again, emphasizing that no one is above the law, not even the President of the United States.
