In historic Trump hearing, Supreme Court majority suggests presidents may have some criminal immunity

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

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.


See court sketches from inside court

The Supreme Court notably does not allow cameras inside its courtroom during arguments, meaning that sketch artists provide the only visual representation of some of the country's most defining legal moments.

Here are three sketches from the Trump arguments on Thursday -- of the justices and the attorneys for each side.


'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


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.



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.


Alito suggests some sympathy toward Trump's position

Justice Samuel Alito has multiple times over the course of questioning sounded sympathetic toward Trump's positions.

He also seemed to raise concerns about former presidents suffering the burden of having to go through a trial if they are criminally charged.

"That may involve great expense, and it may take up a lot of time, and during the trial the former president may be unable to engage in other activities that the former president would want to engage in, and then the outcome is dependent on the jury, the instructions to the jury and how the jury returns a verdict, and then it has to be taken up on appeal," Alito said at one point.

In his final question to government attorney Michael Dreeben, Alito seemed to suggest that Trump's prosecution could serve to incentivize future presidents to try and unlawfully remain in office in order to avoid prosecution by their successors.

"Now, if an incumbent who loses a close, hotly contested election knows that a real possibility after leaving office is not that the president is going to be able to go off into a peaceful retirement -- but that the president may be criminally prosecuted by a bitter political opponent. Will that not lead us into a cycle that destabilizes the functioning of our country as a democracy?" Alito asked.

"I think it is exactly the opposite, Justice Alito," Dreeben replied, noting Trump and his allies filed dozens of lawful challenges to the results of the election and lost.

"There is an appropriate way to challenge things through the courts with evidence," Dreeben said. "If you lose, you accept the results, that has been the nation's experience, I think the court is well familiar with that."