In Trump hearing, SCOTUS majority suggests presidents may have some criminal immunity

Not all of the justices agreed, however -- and a decision is expected by June.

ByAlexandra Hutzler, Meredith Deliso, Alexander Mallin, and Mike Levine
Last Updated: April 25, 2024, 9:09 AM EDT

The U.S. Supreme Court heard arguments Thursday on whether former President Donald Trump can be criminally prosecuted over his efforts to overturn his 2020 election loss.

The justices grappled with the monumental question of if -- and if so, to what extent -- former presidents enjoy immunity for conduct alleged to involve official acts during their time in office.

Trump claims "absolute" protection for what he calls official acts, though he denies all wrongdoing. The high court divided over this, but most of the conservative-leaning justices in the majority seemed open to some version of it while still excluding a president's "private" conduct.

The high court's ruling will determine if Trump stands trial before the November election on four charges brought by special counsel Jack Smith, including conspiracy to defraud the United States. A decision is expected by June.

Latest headlines:

Here are highlights from the hearing.
Apr 25, 2024, 9:24 AM EDT

Trump projects confidence ahead of hearing

Trump appeared confident while addressing the presidential immunity hearing during remarks Thursday morning in Manhattan.

"We have a big case today -- this judge wouldn't allow me to go, but we have a big case today at the Supreme Court on presidential immunity, a president has to have immunity," Trump said at a construction site where he met with union members, workers and supporters. "If you don't have immunity, you just have a ceremonial president," he insisted.

When asked about the justices, three of whom he named to the high court, Trump said, "They're very talented people, they're very smart, they know what they're doing."

Trump stopped by the midtown Manhattan site, where the new JPMorgan headquarters is under construction, before heading to the courthouse for his hush money trial. He denies all wrongdoing.

-ABC News' Lalee Ibssa, Soo Rin Kim and Mike Pappano

Apr 25, 2024, 9:09 AM EDT

How we got here

Trump, seeking to quash the federal election subversion case brought against him by Smith last year, is claiming he has “absolute” immunity from the criminal prosecution for anything related to his presidency.

Two lower courts have rejected that argument.

First, District Judge Tanya Chutkan (who is overseeing the trial) determined that someone once serving as president “does not confer a lifelong 'get-out-of-jail-free' pass.”

Then, a three-judge panel on the U.S. Court of Appeals for the District Court of Columbia unanimously struck down Trump's claims. They warned his view, if accepted, would “collapse” the country's political system.

Trump then appealed to the U.S. Supreme Court. His trial is on hold while this matter plays out in the courts.