Litman: Will Trump be tried for Jan. 6? After Supreme Court arguments, it’s more uncertain than ever
For those rightly concerned about the timing of Donald Trump’s federal Jan. 6 trial, Thursday’s oral arguments before the Supreme Court gave plenty of reasons for worry. Moreover, the court’s conservative majority seemed inclined to define presidential immunity from prosecution in a way that could undermine some of the charges in special counsel Jack Smith’s indictment. Much of the court’s questioning went well beyond the immediate issue of Trump’s immunity for the criminal acts alleged. The court’s conservatives focused almost exclusively on abstract questions of immunity for future presidents rather than the charges against the former president. Even the more moderate members of the conservative majority seemed preoccupied with the difficulty of drawing the line between official and unofficial acts, assuming that the former deserve extensive protection from prosecution. Justice Amy Coney Barrett read a litany of acts from the indictment and asked Trump’s lawyer whether they were official or not. Chief Justice John G. Roberts Jr. indicated that the line between public and private presidential conduct is hard to draw, saying he was concerned that the D.C. Circuit Court of Appeals “did not get