The Supreme Court may decide Donald Trump’s presidential immunity case in broad terms, leaving enough room for prosecutor Jack Smith to put Trump on trial. Shipley, a former federal prosecutor, specializes in representing January 6 defendants and has predicted that the Supreme Court will answer the question “whether and if so to what extent does a former president enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office.” If the Supreme Court answers in only general terms, the case will likely go back to Judge Chutkan, who will hear legal argument from prosecution and defense lawyers on how she should interpret the Supreme Court’s ruling.
Shipley also wrote on X that the argument about whether Trump tried to illegally overturn the 2020 election in the lead up to the January 6 riot will become irrelevant if the Supreme Court reverses the conviction of Joseph Fischer, one of the January 6 defendants. The U.S. Supreme Court will hear oral arguments on April 16 in Fischer’s case. In December, the Supreme Court agreed to hear a challenge to the Department of Justice’s (DOJ) interpretation of the “obstruction of an official proceeding” charge, potentially handing a win to those charged for their role in the January 6, 2021, Capitol riot. Fischer’s charges include assaulting a police officer, disorderly conduct in the Capitol, and obstruction of a congressional proceeding. If the court strikes down the DOJ’s interpretation of the charge, many January 6 cases could be upended.
In summary, the Supreme Court may decide Donald Trump’s presidential immunity case in broad terms, leaving enough room for prosecutor Jack Smith to put Trump on trial. The case will likely go back to Judge Chutkan, who will hear legal arguments from prosecution and defense lawyers on how to interpret the Supreme Court’s ruling.
