Supreme Court divided over Trump’s absolute immunity claims

U.S. President Donald Trump speaks with Judge Amy Coney Barrett after she was sworn in as an associate justice of the U.S. Supreme Court on the South Lawn of the White House in Washington, U.S. October 26, 2020.
U.S. President Donald Trump speaks with Judge Amy Coney Barrett after she was sworn in as an associate justice of the U.S. Supreme Court on the South Lawn of the White House in Washington, U.S. October 26, 2020.
REUTERS/Jonathan Ernst

Should a former president be held accountable for crimes committed while in office? That was the basic, yet incredibly weighty, question before the Supreme Court on Thursday when it began hearing oral arguments in a case related to former President Donald Trump’s efforts to overturn the 2020 election results.

Trump, who doesn’t want to face trial in the federal Jan. 6 case against him before his expected rematch with President Joe Biden on Election Day, has declared that presidents should have absolute immunity. He’s effectively argued that presidents should be above the law.

What happened? Some of the conservative justices (three of whom were appointed by Trump) expressed concern that allowing former presidents to be criminally prosecuted could present a burden to future commanders-in-chief. They seemed skeptical of Trump’s sweeping claims but appeared open to the idea that presidents should have immunity for some actions. There was a great deal of focus on whether a distinction should be established between official acts and private behavior.

Justice Neil Gorsuch, a Trump appointee, emphasized that the court was “writing a rule for the ages.” But Justice Amy Coney Barrett, another Trump appointee, agreed with the notion that the ex-president’s legal team was pushing a “radical” idea on presidential immunity.

Meanwhile, liberal justices worried that if the court ruled in Trump’s favor, it could open the door for future presidents to commit crimes. “If there’s no threat of criminal prosecution, what prevents the president from just doing whatever he wants?” asked Justice Ketanji Brown Jackson.

TLDR: The court might rule that presidents should be granted some, but not absolute, immunity from criminal prosecution. This means the case could be kicked back down to the lower courts.

What’s next? Trump’s Jan. 6 trial was postponed to await the court’s ruling, which could come anytime between now and the end of June. Whether that trial occurs before voters go to the polls in November will depend on the timing and nature of the court’s final ruling.

More from GZERO Media

Marc Fogel, an American schoolteacher detained in Russia since August 2021, gestures on an airplane flying him back to the United States after U.S. special envoy Steve Witkoff secured his release February 11, 2025.
Adam Boehler/Handout via REUTERS

3.5: Marc Fogel, a 63-year-old American teacher imprisoned in Russia since 2021 for marijuana possession, has been released following negotiations by US Special Envoy Steve Witkoff. Fogel, who taught at the Anglo-American School of Moscow, served 3.5 years of a 14-year sentence for bringing medical marijuana into the country.

President Donald Trump, Secretary of State Marco Rubio, and Jordan's King Abdullah attend a meeting in the Oval Office at the White House in Washington, on Feb. 11, 2025.
REUTERS/Nathan Howard

King Abdullah II of Jordan visited US President Donald Trump at the White House on Tuesday to discuss Gaza’s post-war future, including Trump’s plan to relocate some 2.1 million Palestinians to other countries in the Middle East.

The first U.S. military aircraft to carry detained migrants to a detention facility at Guantánamo Bay, who Department of Homeland Security spokesperson Tricia McLaughlin called "highly dangerous criminal aliens," is boarded from an unspecified location on Feb. 4, 2025.

DHS/Handout via REUTERS

On Sunday, Judge Kenneth J. Gonzales of the Federal District Court for New Mexico granted a temporary restraining order on jurisdictional grounds barring three Venezuelan men from being moved to the US military base at Guantánamo Bay.

A boy holds a placard depicting U.S. President Donald Trump and India's Prime Minister Narendra Modi during the "Howdy Modi" event in Houston, Texas in 2019. This week the two men will meet for the first time since Trump's re-election.
REUTERS/Jonathan Ernst

The two men have enjoy a famously good rapport, but tough issues are on the agenda.

Plumes of smoke rise during clashes between the paramilitary Rapid Support Forces and the army in Khartoum, Sudan, on Sept. 26, 2024.
REUTERS/Stringer/File Photo

Sudan’s Armed Forces may be headed for a milestone after nearly two years of war with the paramilitary Rapid Support Forces, or RSF. General Abdel Fattah al-Burhan’s forces appear to be closing in on Khartoum, the country’s capital, advancing to within just two kilometers of the country’s presidential palace.

Walmart is fueling American jobs and strengthening communities by investing in local businesses. Athletic Brewing landed a deal with Walmart in 2021. Since then, co-founders Bill Shufelt and John Walker have hired more than 200 employees and built a150,000-square-foot brewery in Milford, CT. Athletic Brewing is one of many US-based suppliers working with Walmart. By 2030, the retailer is estimated to support the creation of over 750,000 US jobs by investing an additional $350 billion in products made, grown, or assembled in America. Learn more about Walmart’s commitment to US manufacturing.

In this new episode of Tools and Weapons, Microsoft's Vice Chair and President Brad Smith and Dr. Fei-Fei Li reflect on poignant moments from her memoir, "The Worlds I See: Curiosity, Exploration, and Discovery at the Dawn of AI," highlighting the crucial role of keeping humanity at the center of AI development. They also explore how government-funded academic research, driven by curiosity rather than profits, can lead to unexpected and profound discoveries that propel innovation and economic opportunities. Dr. Li is a pioneering AI scientist breaking new ground in computer vision, and she is a Stanford professor who is currently leading the innovative start-up World Labs. While her career is deeply rooted in technical expertise, Dr. Li's journey is driven by an insatiable curiosity. Subscribe and find new episodes monthly, wherever you listen to podcasts.

Courtesy of Midjourney

In the first few weeks of Donald Trump’s second term in the White House, the president dispatched the world’s richest man, Tesla CEO Elon Musk, and an army of engineers to hack and slash the federal bureaucracy. But Musk isn’t just seizing control of the executive branch; he’s using artificial intelligence as his weapon of choice.