Will Trump get full presidential immunity? Law expert explains

Former President Donald Trump is in the midst of multiple legal battles, but everything could change if the Supreme Court rules that he has full presidential immunity.

“The Court is a lot more concerned about the presidency than about Trump,” National Review contributing author Andrew McCarthy tells Glenn Beck.

“It’s an important point to make because a lot of the coverage has been this hysteria over whether the Trump-packed Supreme Court is in the tank for him and they’re going to get rid of Jack Smith’s prosecution,” McCarthy says. “I don’t think that’s going to happen at all.”

Rather, McCarthy believes that the court will send the case back to the trial judge in Washington “with instructions to sort out what things in the indictment against Trump are what you would call "official acts" that might arguably be immune from prosecution” and “what are private acts or private wrongs that he would not have immunity for.”

However, according to McCarthy, Trump’s lawyer has admitted that a lot of conduct charged in the indictment is considered private conduct that wouldn’t fall under an immunity claim.

“What are some of the acts that could fall under private?” Glenn asks, adding, “and what are the acts that are the president and you don’t prosecute?”

One of the “solid examples” McCarthy uses is that “Trump’s lawyer conceded that if Trump made a private scheme with private lawyers to get slates of electors designated for him and to supply documents to the Congress suggesting that they were the authentic, actual slate of electors designated by a state, that would be private conduct because it’s purely office-seeking.”

“On the other hand,” McCarthy explains, “there’s an allegation in the indictment that Trump tried to use the Justice Department to signal to states that there were serious concerns about fraud and considered both removing the attorney general when he got push back and considered sending a letter that they never sent from the Justice Department to the state of Georgia to tell them that they needed to do more scrutiny over what happened in the popular election.”

“Trump argues very strongly, and I think the court will probably go along with this, that is the president’s control over the Justice Department,” he says.

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