The next most influential move in former President Donald Trump’s legal matrix is a pending decision by the United States Supreme Court regarding the status of his claims of Presidential immunity protection from criminal charges. Law experts claim that no matter the outcome of the Justice’s decision, Trump will likely not go to trial before the November election.
Deliberate Delay by the Court
This week, Harvard Law School Professor Emeritus Laurence Tribe accused the Supreme Court of purposely “dragging its feet.” He said, “It’s obvious that the Court has deliberately delayed everything. It could easily have issued a ruling much sooner.”
Supreme Court’s Agreement to Consider the Appeal
In February 2024, the Supreme Court agreed to consider the question of Trump’s appeal to Presidential Immunity protections. It would be the first time the Court had heard a case on this provision in Article II of the Constitution. Therefore, the outcome would set the standard for Trump’s consideration and all future presidents.
Laurence Tribe’s Expert Opinion
Tribe shared his expert legal opinion that the Court “could have taken the case in December when the special counsel asked it to be heard directly, or they could have declined to take the case after the Court of Appeals quite comprehensively rejected Trump’s appeal, so the trial could be over by now. Instead, the Court has dragged its feet.”
James Sample’s Perspective
Hofstra University Law Professor James Sample also said that the Court could have passed on the case, as there was “no legal necessity” for them to agree to consider Trump’s plea.
Comparison with Past Presidential Matters
Sample stated, “When you compare the Supreme Court’s handling of similarly urgent presidential matters in the past, including Watergate and the Nixon tapes and certainly Bush v Gore, the delays that have occurred here is intentional and destructive of our democratic process. The D.C. Circuit’s decision was thorough. It was by judges appointed by presidents from both parties, and it was correct on the merits the Supreme Court has effectively interfered in the political process for no reason whatsoever other than to interfere.”
Other Factors Contributing to the Delay
Professor Claire Wofford from the College of Charleston stated that besides the justices on the court, a number of different people could be blamed for the delay.
Criticism of the Court
The Court has become a favorite whipping boy of the Democratic establishment in the past two years, reaching a fever pitch in past months with calls for reforms and for Justice Alito to recuse himself from the case and for Chief Justice John Roberts to wrangle the conservatives on the bench more forcefully.
Role of Attorney General Merrick Garland
Other bodies to blame for the delay in the Trump legal resolution include Attorney General Merrick Garland himself, who did not appoint special counsel Jack Smith until November 2022. Smith brought the initial charges against Trump after an investigation.
Delay in FBI Investigation
Additionally, the Federal Bureau of Investigation did not formally investigate January 6 for over a year after the incident.
Expectation of a Decisive and Swift Ruling
Given the delays, Wofford does not find it unreasonable for the Court to make a decisive and swift ruling. She said, “If you want something to be reasonable, rational, thoughtful, and ordered, it doesn’t happen quickly.”
Current Court Term’s Workload
This Court term still has 23 of 61 cases unresolved—the Trump immunity claim is only one of the 23—suggesting that the delay is not normal for this Court this term. The urgency and deadline are not due to the Court but to the election schedule drawing close.
Prediction of the Court’s Decision
Despite the lengthy consideration period, many legal experts believe that the Court will ultimately reject Trump’s claim to absolute immunity. They have maintained this belief since inferring the tone and tenor of the Justices’ questions during the oral arguments.
Focus of the Justices’ Question
Tribe laid out the question for consideration among the Justices, which is not directly on whether or not Trump in particular was immune for his actions on Jan. 6, 2021. Rather, the Supreme Court will answer only this question, according to Tribe: “Whether and if so, to what extent does a former President enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office.”
