Supreme Court Will Likely Rule Against Donald Trump—Here's Why

Donald Trump doesn't have an important reason for claiming presidential immunity, a legal expert has said.

Greg Germain, a law professor at Syracuse University in New York, was reacting to the U.S Supreme Court's announcement on Wednesday that it will hear Donald Trump's argument that he has presidential immunity from his election fraud case in Washington, D.C. He told Newsweek that the Supreme Court was unlikely to view Trump's attempts to overturn the 2020 election result as a "core" activity of the presidency, or accept that he was acting in the interests of the country.

"A president should certainly be immune from criminal prosecution for some core official acts, but not for acts done for personal gain or unconnected with the president's official duties," he said. "The president should be immune from wartime decisions, for example."

Tanya Chutkan, the trial judge in the election fraud case, has already refused Trump's presidential immunity argument, as has the Washington appellate court.

Stephen Gillers, a law professor at New York University, told Newsweek that the Supreme Court will probably refuse Trump's presidential immunity claim and that his election fraud trial could begin as early as July.

"It remains likely that with an [oral] argument the week of April 22, we can have a decision by Memorial Day if the Court treats the case with the urgency that the public has a right to expect," he said. "Then Judge Chutkan can begin pretrial proceedings in June and hold a trial in July."

Gillers said he is undecided on whether the Supreme Court should have taken the case.

"I'm of two minds. As a scholar, I think it is important to have a Supreme Court opinion on the scope of a president's criminal immunity.

"On the other hand, I also think the public has a strong interest in learning sooner rather than later what the special counsel is prepared to prove and what a jury will decide. So I also favor a quick decision and a trial by early summer."

Gillers told Newsweek on February 5 that Trump's arguments for presidential immunity are "exceedingly weak." At the time, he said Trump's real agenda is to delay the election subversion trial until after the 2024 presidential election.

Newsweek sought email comment from Trump's attorney on Thursday. Trump remains the frontrunner for the Republican nomination in the 2024 presidential race.

The former president's legal team will claim in Supreme Court oral arguments that presidential immunity should invalidate Trump's federal election subversion charges, which followed an investigation by Special Counsel Jack Smith.

Smith's probe focused on Trump's actions leading up to and during the January 6, 2021, riot at the U.S. Capitol, when a group of his supporters violently protested the election, which Trump had said was stolen.

Smith also investigated Trump's alleged efforts to submit false slates of electors to the Electoral College. Indicted on four felony counts, Trump has pleaded not guilty to all charges and maintains that he is innocent of any wrongdoing.

The Supreme Court wrote in its unsigned order on Wednesday that it would answer the following question: "Whether and if so to what extent does a former president enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office."

Separately, Trump is facing 40 federal charges over allegations he retained classified papers after leaving the White House in January 2021 and then obstructed efforts by the relevant authorities to have them returned.

In August 2022, Trump's Mar-a-Lago private members club was raided by federal agents who recovered large numbers of classified papers. Trump has pleaded not guilty to all charges and strongly denies any wrongdoing.