The Supreme Court’s decision on Donald Trump’s immunity risks further delaying the ex-president’s trial

Targeted by four separate criminal proceedings, Donald Trump is doing everything possible to go to trial as late as possible and avoid a decision which would fall before the November 5 election.

The predominantly conservative American Supreme Court appeared impervious, Thursday, April 25, to the arguments in favor of absolute criminal immunity invoked by Donald Trump as former president. By deciding on February 28 to take up this issue, the highest court in the United States has already postponed for several months the trial of the billionaire, prosecuted in Washington for attempting to illegally reverse the results of the 2020 presidential election.

If the nine judges were generally skeptical of the absolute immunity claimed by the Republican candidate in the presidential election, several, particularly among conservatives, insisted on the long-term repercussions of their decision. “We are writing a rule for posterity”observed Neil Gorsuch, referring to the unprecedented nature of the question. “This case has enormous implications for the future of the presidency and the country”added his colleague Brett Kavanaugh.

The decision expected by the end of June

The judges, notably the three progressives, exchanged heatedly with Donald Trump’s lawyer. Judge Ketanji Brown Jackson contrasted her fears of a risk of paralysis of the executive with that of a president freed from all criminal responsibility, evoking “a transformation of the Oval Office into the seat of criminal activity in this country.”

Targeted by four separate criminal proceedings, Donald Trump is doing everything possible to go to trial as late as possible and avoid a decision which would fall before the November 5 election. The most politically fraught case, the federal case for the 2020 election, is on hold until the Supreme Court rules. His trial in New York in the Stormy Daniels affair, which has just started, could therefore be the only one to have an outcome before the vote.

The decision of the nine judges is expected by the end of June, or even the beginning of July. They could in particular refer the case to a lower court to determine which acts are likely to escape prosecution, which would inevitably lead to further delays for this trial, initially scheduled for March, or even limit the scope of indictments. If he were elected again, Donald Trump could, once inaugurated in January 2025, order an end to federal proceedings against him.