The legal repercussion of the Supreme Court’s ruling on presidential immunity is set to escalate next month as judges tackle its implications in two of former President Trump’s criminal cases.
On September 5, U.S. District Judge Tanya Chutkan will deliberate on the handling of Trump’s federal indictment related to his alleged attempt to undermine the 2020 election. Shortly thereafter, on September 16, New York Supreme Court Acting Justice Juan Merchan will determine the fate of Trump’s conviction in the hush money case, which is likely to be his sole criminal verdict before the upcoming election.
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These judicial reviews will scrutinize the scope of Trump’s legal win, wherein the Supreme Court recently granted a form of presumptive immunity for actions taken by former presidents. The Court’s 6-3 ruling places the burden on Trump’s trial judges to apply this immunity to the details of his cases.
Following this Supreme Court decision, Trump’s legal team has pushed to overturn his conviction in New York, where he was found guilty of falsifying business records connected to hush money payments. Although Trump hasn’t argued that his charges were official acts, his defense contends that evidence involving protected conduct was improperly admitted during the trial. This includes testimony from White House aides, his ethics disclosure forms, and certain tweets made during his presidency.
In response to this new legal context, Trump’s attorneys have sought a postponement of proceedings until after the November election. Meanwhile, Special Counsel Jack Smith’s office has requested extra time to evaluate the new legal precedent, indicating a shift from prior urgency.
Additionally, Mark Meadows, Trump’s former chief of staff, is trying to shift his criminal charges in Georgia and Arizona to federal court, aiming for potential dismissals. Meadows is pursuing an appeal at the Supreme Court and a new hearing in Arizona scheduled for September 5, coinciding with Chutkan’s deliberations.
Despite facing other criminal cases in Florida and Georgia, these are currently stalled pending appeals. Should prosecutors succeed, they will still confront Trump’s strengthened immunity defense, now bolstered by the Supreme Court’s ruling.
