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

Former President Donald Trump could see a strategic victory in his Supreme Court case, even if the court dismisses his claim regarding presidential immunity.

The case, set for a high-profile showdown, revolves around whether criminal charges against Trump for attempting to overturn the 2020 election results can be dismissed on the grounds of broad presidential immunity.

Despite the possibility of the Supreme Court rejecting Trump's broad immunity argument, the case could still be redirected to U.S. District Court Judge Tanya Chutkan for further examination.

This redirection could delve into whether some of Trump's actions are shielded from prosecution, introducing further delays and potentially affecting the timing of the trial, initially scheduled for March.

Attorney Richard Bernstein, who opposes Trump's immunity claim and filed a friend-of-the-court brief on behalf of former governement officials, told NBC that even a complex factual test for immunity requiring the case to be remanded would align with Trump's preferences by potentially ensnaring the case in procedural delays.

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At the heart of the Washington case, which is distinct from Trump's ongoing criminal trial in New York, is the former president's involvement in submitting false election certificates to Congress — a scheme aiming to annul President Joe Biden's victory. This led to the Jan. 6 Capitol attack by Trump supporters.

Special Counsel Jack Smith, leading the prosecution, has asserted that these actions constituted multiple crimes, including conspiracy to defraud the U.S. and obstruction of an official proceeding.

The Supreme Court's engagement with the case thus far hints at a reluctance to issue a broad ruling against Trump. Instead, it might recognize certain presidential acts that warrant immunity, leaving the finer details to trial courts. This nuanced approach suggests that the justices are seeking to articulate a more refined stance on presidential immunity that acknowledges potential protections in some instances.

The potential for a remand raises questions about the procedural timeline. Trump's legal team could possibly face a pretrial process examining the protected nature of his official acts. This situation could lead to substantial delays, further complicating the path of the case towards a trial.

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This content was partially produced with the help of AI tools and was reviewed and published by Benzinga editors.