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, 5:19 PM EDT

'Quite amazing. The justices were on their game,' Trump says

Trump reacted to the arguments before the justices later on Thursday afternoon after he left court for the day amid his hush money trial in New York, to which he has pleaded not guilty.

“I think it was made clear, I hope it was made clear, that a president has to have immunity," he said, repeating a familiar talking point. "You don't have a president -- or at most you could say it would be a ceremonial president. That's not what the founders had in mind.”

He continued, ”We want presidents that can get things done and bring people together. So I heard the meeting was quite amazing. Quite amazing. The justices were on their game.”

Trump did not answer shouted questions from the press.

-ABC News' Kelsey Walsh, Mike Pappano and Jianna Cousin

Apr 25, 2024, 4:23 PM EDT

5 takeaways: Hypotheticals dominate, conservatives and liberals raise different worries and more

As various justices themselves acknowledged, they could potentially reshape the contours of presidential power when they rule on Trump's case.

Click here to read five takeaways from the historic arguments.

Apr 25, 2024, 4:23 PM EDT

10 key moments from the arguments

The oral arguments, stretching nearly three hours and with demonstrators gathered outside, included several notable and important exchanges.

Here are 10 of the key moments -- including discussion of potential self-pardons, Franklin D. Roosevelt and more.

Read more here.

Apr 25, 2024, 12:50 PM EDT

Supreme Court's decision will directly impact when, if, Trump stands trial

How fast the justices move in making a determination will impact whether Trump stands trial before the November election -- if at all.

Experts point to how the court handled Bush v. Gore, when the justices intervened to end a ballot recount and effectively hand George W. Bush the presidency in the 2000 election. In United States v. Nixon, the Watergate scandal tapes case, the Supreme Court heard arguments July 8, 1974, and issued its opinion rejecting his claim of executive privilege 16 days later.

It’s not clear whether the court will move with such speed. The opinions are expected to be released before the court’s term ends in June.

The justices could uphold the lower court decision rejecting immunity in its entirety, clearing the way for a trial this summer. Or they could kick the can down the road by sending the case back to lower courts for further proceedings -- which some conservative justices floated during arguments. Such an outcome could rule out a trial before the end of the year.

Read more about timing in the case here.