The Supreme Court is expected to rule Monday on former President Donald Trump‘s claim that he is immune from criminal prosecution surrounding his four-count indictment on an alleged attempt to overturn the 2020 election.
The strongest possibility that legal experts have suggested is that the case will be returned to a lower court, in which a judge will wrestle over the facts of the case to determine which actions may be considered “public” conduct that is shielded by presidential immunity and which acts constituted “private” conduct that may not be covered by immunity.
The case centers on whether Trump can challenge special counsel Jack Smith’s indictment for allegedly trying to subvert the 2020 election. Trump argues that former presidents should have full immunity for actions taken while in office and that a conviction should first require an impeachment, though the justices did not sound poised to grant full immunity based on their oral arguments in late April.
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