Chief Justice John Roberts suggested delaying the decision on former President Donald Trump’s immunity case while questioning Michael Dreeben, the attorney representing Special Counsel Jack Smith.
Trump has argued that he cannot be prosecuted in his D.C. criminal trial by Smith because he is protected by presidential immunity. The current immunity case being heard by the Supreme Court has already delayed the criminal trial, which was supposed to begin back in March.
During oral arguments on Thursday, Roberts asked Dreeben why the courts should not send the decision over immunity back to the lower courts, which would further delay the criminal trial likely until after the presidential election.
Dreeben responded that there is legal standing to not send the arguments back to the lower courts before adding counsel is “not endorsing a regime that we think would expose former presidents to criminal prosecution in bad faith for political animus, without adequate evidence, a politically driven prosecution would violate …