Senator Graham Believes Immunity Case Will Get Kicked Back to Lower Courts

If I did not know better, I would think that Senator Lindsey Graham (R-S.C.) had read my reports about the presidential immunity hearings.

Like me, Graham now believes the Supreme Court will return the presidential immunity case to the lower courts.

This is likely due to comments specifically made by Chief Justice Roberts.

Curious Questions

When Chief Justice Roberts was questioning prosecutors, he had actually sounded a bit upset with the lower court regarding the charges against Trump.

While I thought the Supreme Court would rule on whether the acts Trump had been charged with were under the purview of the presidency or a private citizen, Roberts was upset the lower courts had not decided on this issue.

I have every confidence that the court will say presidential immunity exists, I also believe there will be limitations to that immunity.

Graham is on the same page, stating, “Well, I think the court’s gonna find that presidential immunity exists for President Trump like every other president, but you got to be within the scope of being president.

“I think they’ll send it back to the lower courts to find out exactly what actions fall within presidential immunity and what are considered personal. I think that’s the way this will end — there will be some immunity for some of the actions.”

Adding to my point that presidential immunity will be limited, Graham added, “There’s no absolute immunity in the Constitution. It will be a legal analysis, you know, the president needs to be protected. You know, we don’t become a banana republic here. We prosecute, you know, our political opponents, which is going on really in many jurisdictions.

“But I think the immunity question will be decided partially for Trump and some legal, some factual analysis as to when and where it applies.”

If Graham and I are right and the Supreme Court kicks this back to the lower courts to decide if Trump’s actions are deemed to be under the office of the president or that of a private citizen, there is virtually no chance that Jack Smith will be able to get this case into court before the election.