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.
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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.
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.
Court adjourns
Oral arguments came to an end after two hours and 40 minutes.
Trump attorney declined to give a rebuttal, and the case was submitted.
'We're writing a rule for the ages'
Throughout arguments, multiple of the justices made clear they were looking past the immediate example of Trump to what their decision will mean for the future of the presidency.
"We're writing a rule for the ages," Justice Neil Gorsuch said.
"This case has huge implications for the presidency, for the future of the presidency and for the future of the country, in my view," said Justice Brett Kavanaugh.
"Whatever we decide is going to apply to all future presidents," said Justice Samuel Alito.
What Americans have said of Smith’s indictment, Trump’s immunity claim
When Smith handed down his charges in August 2023, a majority of Americans (51%) thought the indictment was very serious, according to an ABC News/Ipsos poll taken shortly after. Overall, 65% of adults thought then that the charges were serious, including 51% who said they were very serious and 14% who said they were somewhat serious.
At the time, a plurality of Americans (49%) said Trump should suspend his presidential campaign, while 36% said he shouldn't.
On Trump’s immunity claim, an overwhelming number of Americans (66%) thought in that poll that the former president should not be immune to criminal prosecution for actions he took while president, according to an ABC News/Ipsos February poll. That included 45% of Republicans and 83% of Democrats. Independents fell in between at 66%.