Experts said whatever the court decides, it is likely to be divided.
'Surprising' and 'disturbing': Legal experts react to Supreme Court arguments on Trump's immunity claimThis artist sketch depicts Michael Dreeben, counselor to Special Counsel Jack Smith as he argues before the Supreme Court in Washington, Apr. 25, 2024.
While Trump is the first ever president to be criminally charged, the arguments were largely devoid of references to the former president and the specific allegations against him. "The answer that she got was one of the most disturbing I've ever heard at the Supreme Court," said Gerhardt. On the other side, several conservative justices appeared primarily concerned about future bad faith prosecutions against former presidents and whether that would hamper their ability to make the "tough decisions" entailed by their job.Trump's attorney also made that case in his opening statement, stating the looming threat of prosecution would "distort the president's decision-making precisely when bold and fearless action is most needed.
"The fact that we haven't had something like this happen before is consistent with the government's position that there are institutional norms that have largely held," said Ray Brescia, a professor at Albany Law School. "So, to upset that delicate balance because, in the words of Justice Alito, we can't hold the president accountable for trying to subvert democracy in the fear that a future president might try to subvert democracy is just totally Alice in Wonderland.
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