A former prosecutor has suggested that the Supreme Court could be delaying deciding whether former President Donald Trump is immune from prosecution to drop “a grenade.”
Trump has argued that former presidents are immune from prosecution for official acts they took in office, and that the federal election interference case against him must be dismissed. The justices heard arguments in April, but have yet to decide the case.
Trump has been indicted on four federal felony counts relating to the attack on the U.S. Capitol building in Washington, D.C. on January 6, 2021, including conspiracy to defraud the United States. Trump has pleaded not guilty to all charges and claims the case is politically motivated
Katie Phang, a former prosecutor who hosts her own show on MSBNC, said on Saturday that she is confident that the Supreme Court will not rule that Trump has absolute criminal immunity, but suggested the delay in issuing the decision could be cause for concern.
The justices have “until the end of the term,” Phang told MSNBC‘s Alex Witt on Saturday. “The term technically is the end of June, but we do have some grumblings that maybe it will kind of bleed into the beginning of July.”
She added: “I would hate to think that there is something like the justices saying ‘Let me drop this grenade and then walk away and go on my summer vacation.’”
Phang noted that the justices had waited until the end of the term before issuing the decision in 2022 that overturned Roe v. Wade, ending constitutional protections for abortion.
That “came at the very last minute before they said ‘peace out, we’re going away,’” she said. “And so I’m a little bit concerned, but listen, whatever happens, we have to deal with the consequences of it, but I am fully confident you will not get a ruling from the Supreme Court of the United States that Donald Trump has absolute criminal immunity.”
Newsweek has contacted a Trump spokesperson for comment via email.
Even if the court rules that Trump is not immune, the trial in Washington D.C. may not take place before November’s election, set to be a rematch of the 2020 race between Trump and Biden.
Trump was found guilty on May 30 of 34 counts of falsifying business records to cover up a hush-money payment to adult film actor Stormy Daniels before the 2016 election, making him the first former U.S. president to be convicted of felony crimes. Trump denied wrongdoing and labeled the trial as “rigged” after the verdict.
His sentencing in that case is scheduled for July 11, just days before the Republican National Convention, where party members are set to formally make him their nominee for president.
As well as the federal election interference case, Trump is charged in another two criminal cases. A federal case in Florida charges him with illegally retaining classified documents, and then obstructing government demands to give them back.
He is also charged alongside several others with participating in a scheme to illegally try to overturn his narrow loss to Biden in the 2020 election in Georgia. Trump has denied any wrongdoing in all of the cases.
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