'Just Shocked:' DOJ Veteran Says Potential SCOTUS Suprise Over Trump's Immunity Claim Shows 'How Inured We Are To Sort Of Trumpism Overtaking What This Country Is Supposed To Stand For'

The U.S. Supreme Court, which deliberated former Donald Trump’s immunity claims on Thursday, ruled that former presidents enjoy some degree of immunity from criminal prosecution, and two legal experts weighed in on the proceedings in the apex court.

Chief Justice Holds The Key: Four Justices of the nine-member bench will likely reject claims about Trump’s absolute immunity and this shifts the spotlight to Chief Justice John Roberts Jr., said Neel Katyal, an American appellate lawyer and professor of law, in an MSNBC interview.

The question is whether there would be a fifth vote and that would be the chief justice, he said, adding that the top justice was quieter during the hearing.

“But the chief justice does have [the] ability to surprise us,” Katyal said, adding that he was the fifth voter who upheld President Barack Obama’s Affordable Care Act right before the 2012 election.

“I hold out hope the chief will do the right thing here, uphold the rule of law and reject Trump’s claims of absolute immunity and let this trial go on so the American people can see it for themselves,” the legal expert said.

See Also: Donald Trump Could Still Win Even If He Loses In Supreme Court Over Presidential Immunity Claim

Shocking, Says Weissmann: Former DOJ Attorney and law professor Andrew Weissmann concurred with Katyal that it is going to come down to the chief justice.

“This is the chance to do something but this decision, just remember, no one was arguing that private acts are either civilly or criminally immune. Everyone agrees private acts you can always be prosecuted for so that’s a given,” he said.

So, it was not a win for Special Counsel Jack Smith, who is leading the prosecution side in Trump’s classified documents case, Weissmann said.

“I was just shocked that democracy as we know, is riding on finding that fifth vote. There should not be any justices who are in any way supporting this idea,” the DOJ veteran said.

It could be like five, four, one way or the other on the case, Weissmann said. This tells you “how inured we are to the sort of Trumpism overtaking what this country is supposed to stand for,” he added.

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