The conservative justices are in the majority six to three. Three of them were appointed by Trump at the time. At least four judges, but possibly five, have problems with a lower court’s ruling that a former president does not enjoy “full immunity.”
Chief Justice John Roberts said he had “concerns” about the ruling and wondered, among other things, why they would not send the case back to the appeals court. That would almost certainly mean delaying the case until after the November elections, pitting Trump against incumbent President Joe Biden.
First president in criminal case
Trump was not present at the Supreme Court in Washington because he has to be in New York for a criminal case against him about paying hush money to a porn star. He is the first former president in American history to answer for a criminal case.
A lawyer for Trump has been questioned by the judges. “Without presidential immunity from criminal prosecution, there can be no presidency as we know it today. “In the past 234 years of American history, no president has ever been prosecuted for his official actions,” he defended Trump. According to him, it will have an effect on the decisions a president makes – especially in times when it is most needed – if he can be prosecuted for his decisions after leaving office.
Official act or not
Judge Sonia Sotomayor asked the lawyer whether a president also has immunity if he orders the elimination of a political rival. And Judge Roberts wondered the same thing if the president appoints an ambassador who offered him a bribe.
According to the lawyer, bribery is not an official act of a president, but personal action. Roberts countered that appointing an ambassador is indeed an official act.
