Supreme Court immunity ruling set to delay Trump’s criminal trials

Published: Jul. 1, 2024 at 3:51 PM EDT
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NEW YORK (Gray Media) - The Supreme Court handed down a historic decision to start the week ruling on the idea of presidential immunity. The Chief Justice said in the court’s opinion Donald Trump is entitled to immunity for official acts committed while president. The conservative justices’ opinion that Trump is at least partially immune for what he did in office upends the timeline for his four criminal cases.

“It is a practical impossibility for a president to be prosecuted, given the restrictions that the majority put in today,” said Mitchell Epner, former Assistant United States Attorney.

Epner believes each of the four cases - two state, two federal - will likely be impacted by Monday’s ruling. In Manhattan, a jury already convicted Trump on 34 state felony counts in his so-called hush money case, but this ruling could affect the appeals process, possibly further delaying it for months.

“All of the checks were signed, all of the false entries were made after January 20th of 2017. I’m not certain that that’s going to be a winning argument, but I’m certain that he’s going to make it,” said Epner.

In Georgia, Trump’s felony RICO trial related to 2020 election results is already delayed. Epner says the new immunity argument for Trump’s team could be a death blow for the prosecution.

In the Florida felony classified documents case, a Trump-appointed judge already blew past the initial start date. Epner says because the alleged mishandling crimes took place after Trump left office, the high court ruling might not apply.

“Ordinarily you would expect that this would not have an impact. But given the prior proceeding is there, I would expect the judge can and would allow extensive briefing and possibly oral argument on these questions,” said Epner.

In DC, Trump faces his most serious test in his January 6 insurrection case. The case inspired Trump’s claims of immunity and is unlikely to move ahead anytime soon now that the scope of the trial is likely to change because of Monday’s ruling.

“It is highly likely that he would if he got an adverse ruling, he would seek to take it back to the Supreme Court and the Supreme Court that ruled today,” said Epner.

Now it is up to the lower courts to decide exactly what presidential activity would make Trump immune from criminal prosecution. As they go through more time-consuming proceedings, the likelihood Trump goes to another trial before the November election dwindles by the minute.