WASHINGTON (TND) — As former President Donald Trump continues on the campaign trail almost a month removed from his guilty verdict in a New York hush money case and awaiting sentencing, two cases from the country’s high court hang over his head.
Trump argues a president needs immunity from criminal prosecution for things done in office. The Supreme Court will weigh in with an opinion that could impact two pending federal cases against him, one having to do with taking classified documents to Florida, and another related to his alleged role in the January 6th Capitol riots.
“I feel that as a president, you have to have immunity. Very simple," Trump said earlier this year in January.
Lanae Erickson with center-left think tank Third Way says a decisive ruling for Trump could put presidents above the law.
“I do not think Presidents should have absolute criminal immunity, I think the laws of the United States should apply to everyone, including the President, and I think the Supreme Court is going to agree with that," Erickson said.
Others fret an immunity ruling could give Trump the powers of a king, something the conservative Heritage Foundation says is overblown.
“That’s just hyperbole and nonsense," said Heritage Senior Legal Fellow Zack Smith. "Look, we have appropriate mechanisms to deal with Presidential overreach or overreach by other executive officials. It’s also important to keep in mind presidents already enjoy immunity from civil suit.”
There’s also a pending January 6th case in front of the justices. The opinion would apply to January 6th defendants facing obstruction of justice charges and could shorten sentences. One of those defendants could be Donald Trump if his cases move forward.
“It certainly would at the very least affect their sentencing, and it might in some cases result in the people not being convicted at all," said Paul Schiff Berman, a law professor at George Washington University.
Donald Trump’s attorneys have used the presidential immunity argument when asking for two of his federal cases to be dismissed. The Supreme Court's still pending ruling has almost guaranteed Trump wouldn’t be on trial again before the November election.