FnF News
FNF News | U.S. Supreme Court
Published: June 28, 2025
By: Khadija Khan, Legal & Political Affairs Editor
Supreme Court Hears Explosive Arguments on Trump’s Immunity: Stakes Skyrocket as 2025 Election Looms
Washington, D.C. — The U.S. Supreme Court convened an extraordinary session Friday to hear arguments in what may be one of the most consequential constitutional questions of the modern era: Does a former president enjoy criminal immunity for actions taken while in office? The proceedings, streamed live (watch here), drew historic public attention, with crowds outside the courthouse and millions watching online.
The case, brought in response to a D.C. Circuit Court ruling denying Donald Trump blanket presidential immunity in his 2021 election-related federal charges, now rests with the nine justices. A decision in Trump’s favor could upend existing prosecutions and redefine the limits of presidential power. A decision against him could clear the path for trials to proceed before the 2025 general election.
A Divided Bench, Sharp Exchanges
During oral arguments, conservative and liberal justices alike pressed both sides for clarity.
“Are we saying presidents can assassinate political opponents and walk free, if it occurred while in office?” asked Justice Sonia Sotomayor, clearly skeptical of the Trump legal team’s position.
Trump’s attorney, D. John Sauer, maintained that “a president cannot be criminally prosecuted for official acts unless first impeached and convicted.” Sauer cited historic legal precedent and framed the case as a defense of executive independence.
“Without immunity, the presidency would be paralyzed,” he argued. “Future presidents would be vulnerable to political retribution.”
But Justice Ketanji Brown Jackson countered: “This court has never recognized a categorical immunity from criminal law for any American — why start now?”
Conservative Justice Samuel Alito expressed concern about weaponized prosecutions but asked the Trump team whether their logic would prevent charges even in cases of “egregious abuse.”
Trump and the Campaign Trail
As the Supreme Court deliberates, Trump remains the presumptive Republican nominee for 2025. He has repeatedly called the cases against him “witch hunts” and posted to Truth Social during the hearing:
“Total hoax. Political persecution. The American people will NOT stand for this.”
Trump is currently facing four separate indictments, including one for conspiracy to overturn the 2020 election and another involving classified documents.
Should the court rule in his favor, key trials may be delayed or entirely dismissed. If the court denies immunity, Trump could be on trial before or during the Republican National Convention.
The Stakes
Legal scholars warn this ruling will resonate far beyond Trump.
“This isn’t just about one man,” said Laurence Tribe, Harvard law professor emeritus. “This is about whether a president is above the law.”
A ruling in favor of immunity could set a precedent allowing future presidents to evade legal consequences for even extreme abuses of power. A narrow ruling, by contrast, may allow limited forms of immunity without fully shielding criminal behavior.
“We are redefining the boundaries of executive authority in real time,” said Sherrilyn Ifill, legal analyst and civil rights lawyer. “And the whole world is watching.”
A decision is expected by July. Until then, the legal and political future of Donald Trump hangs in limbo, awaiting the gavel’s fall.