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Supreme Court Signals Potential Criminal Liability For Former Presidents

Donald Trump Organization trial in New York State Supreme Court in New York

During a recent historic Supreme Court session, Chief Justice John Roberts remained mostly silent but conveyed key points. The court seems unlikely to uphold a lower court ruling denying Donald Trump absolute immunity. Roberts emphasized that the court cannot rely solely on prosecutors' good faith and that the election subversion allegations against Trump are not the primary focus of the case.

Roberts strategically withheld his stance on the case's merits, allowing for more flexibility in the decision-making process. It appears that a majority of justices may reject Trump's broad proposition and hold former presidents accountable for criminal acts committed while in office.

Despite potential setbacks on constitutional grounds, Trump could benefit practically by avoiding accountability for charges related to the 2020 election before the 2024 election, thanks to the conservative-leaning Supreme Court.

Likelihood of court not upholding lower court ruling denying Trump absolute immunity.
Roberts emphasized court can't rely solely on prosecutors' good faith.
Focus on former presidents' accountability for criminal acts while in office.

The tone of the arguments differed from lower court proceedings, with Roberts and conservative justices focusing on a former president's vulnerability to political retaliation rather than the specifics of Trump's post-election activities and the Capitol attack.

Roberts criticized the appeals court's opinion as lacking legal basis and suggested a deeper examination of which of Trump's actions could be considered official duties versus private conduct.

Roberts, positioned at the center of the bench, holds significant influence in closely divided cases and has the power to determine who writes the majority opinion. While protective of the presidency, he has also sought to distance the court from the controversial figure of Trump.

The courtroom was packed for the riveting arguments, with notable attendees including high-ranking Justice Department officials and family members of the justices. The justices expressed concerns about potential retribution against a former president and seemed more focused on safeguarding the presidency than on the specific allegations against Trump.

Overall, the session highlighted the complex legal and political dynamics at play in Trump's legal battle, with the Supreme Court poised to make a significant decision that could have far-reaching implications.

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