John Roberts isn’t happy with previous ruling against Trump – what happens now?

By Joan Biskupic, CNN Senior Supreme Court Analyst
4 minute read • Updated 9:32 AM EDT, Fri April 26, 2024

(CNN) — During nearly three hours of historic Supreme Court arguments, John Roberts said little. But the cagey chief justice made some points abundantly clear. ... A lower court decision that Donald Trump lacks absolute immunity will not stand as written. The court cannot rely on the good faith of prosecutors. And whatever the staggering facts of the election subversion allegations against Trump, they are not his concern here.

Yet, Roberts kept his cards close to his vest on the full merits of the case as other justices played theirs – for and against the former president. That strategy will no doubt give the chief more options as the nine begin negotiating the decision. ... Given the signals Thursday from Roberts and other justices, a majority would reject his broad proposition and find some criminal liability for former presidents who engaged in criminal acts while in office.

Yet, whatever Trump loses on larger constitutional grounds, he may gain in the pure practicalities of avoiding to account for charges arising from the 2020 presidential contest before the 2024 election – a gift for Trump from the conservative Supreme Court.

The tenor of the arguments differed strikingly from the sentiment of lower court judges who’d previously heard Trump’s claim, as Roberts and the right wing concentrated on a former president’s potential exposure to retaliation by political opponents. ... They avoided the particulars of the allegations against Trump, his rejection of the 2020 presidential election results, the efforts to organize alternate slate of electors and the January 6, 2021, US Capitol attack.

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