Attorney Alan Dershowitz, who represented Donald Trump during his first impeachment trial in 2020, warned on Friday that the U.S. Supreme Court could disappoint the former president in his ongoing efforts to claim presidential immunity.
While appearing on Fox Business Network's Mornings with Maria, Dershowitz spoke about the Court's hearing arguments for Trump's claims of presidential immunity in response to the federal indictment against him for alleged election interference.
"All the pundits are predicting that it will just be affirmed, affirmed, affirmed and thrown out. I don't think so," Dershowitz said. "I think the Supreme Court may well split the difference and say, 'There is some immunity not as broad as Trump wanted, not as narrow as the other side wanted, let's send it back and see where it goes from here.'"
The Context:
The Supreme Court previously announced that it was planning to hear arguments in Trump's claims of presidential immunity, responding to the federal indictment brought by Department of Justice (DOJ) special counsel Jack Smith for alleged election interference in the 2020 election and other charges relating to the January 6, 2021, Capitol riot.
In August 2023, the former president was indicted on four counts, including conspiracy to defraud the United States; conspiracy to obstruct an official proceeding; obstruction of and attempt to obstruct an official proceeding; and conspiracy against rights.
Trump's claims center around the idea that he had immunity while in office and could not be charged for crimes during this time.
What We Know:
Trump, the GOP frontrunner in the 2024 presidential election, has continued to deny any wrongdoing in response to the federal indictment by Smith.
During a speech following last week's Supreme Court ruling in favor of keeping the former president on the ballot in Colorado, Trump said, "Presidents have to be given total immunity, they have to be allowed to do their job. If they're not allowed to do their job it's not what the founders wanted, but perhaps even more importantly it will be terrible for our country."
Newsweek reached out to Trump's spokesperson via email for further comment.
Views:
In response to Trump's claims of presidential immunity, Smith filed a document to the Supreme Court last month and said, "The charged crimes strike at the heart of our democracy."
The special counsel added: "A president's alleged criminal scheme to overturn an election and thwart the peaceful transfer of power to his successor should be the last place to recognize a novel form of absolute immunity from federal criminal law."
Greg Germain, a law professor from Syracuse University, previously told Newsweek that he also does not expect the Court to rule in favor of Trump's presidential immunity claims.
"I'm fairly confident that the court will hold that Trump is not immune from claims that he attempted to interfere with the election process for personal gain, or took classified government documents while leaving office," Germain said.
What's Next?
The Supreme Court is expected to hear arguments on Trump's claims of presidential immunity on April 25. Trump has suggested that he'd like the presidential immunity ruling to come after the 2024 presidential election.
It is currently unclear exactly when the Court will issue its final ruling on Trump's immunity claims.
Update, 3/15/24, 8:49 a.m. ET: This story has been updated with further information.
Update, 3/15/24, 9:06 a.m. ET: This story has been updated with further information.
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