The Supreme Court will hear history-making arguments on Thursday in the case of Donald J. Trump v United States. For the first time, the highest court in the land will publicly debate the untested and unsettled question as to whether a former president is immune from criminal prosecution for his conduct in office. And despite claims by Democrats, the news media, and self-proclaimed “legal experts” to the contrary, the matter is far from clear-cut.
The case arises from Special Counsel Jack Smith’s four-count indictment against Trump related to the events of January 6 and alleged attempts to “overturn” the 2020 election. Smith’s flimsy indictment—two of four counts are currently under review by SCOTUS and the other two fall under similarly vague “conspiracy” laws—-and an unprecedented ruling issued last year by U.S. District Court Judge Tanya Chutkan will be put to the test by the justices.
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