The Supreme Court gave away their position a bit in its Wednesday ruling on Donald Trump's immunity request, a legal expert said.
Earlier in the day, the court agreed to issue a ruling on former President Donald Trump's presidential immunity claim.
In doing so, the high court said it will issue a ruling on whether Trump can be prosecuted on election interference-linked charges brought by the DOJ's special counsel Jack Smith.
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Legal analyst Lisa Rubin appeared on MSNBC's All In With Chris Hayes to discuss the "most upsetting" part of the Supreme Court's decision.
That, she said, is "the way that the question is framed."
"Whether and if so to what extent a former president enjoys presidential immunity from criminal prosecution for conduct alleged to involve official acts. There are some tells there in the language," Rubin said.
"As lawyers, our professional hazard is to parse words too closely," she added. "The phrase alleged to. Alleged by who? If you ask Jack Smith, everything they are alleging is outside of Donald Trump's official purview as president by interfering with an election over which a president has no administrative responsibility. Nothing about this is official. Alleged is by him."
She continued:
"The Supreme Court is essentially giving in to his reframing of the question. And then the D.C. Circuit and ruling said that he has no categorical immunity. They have reframed it, whether and if so to what extent? They are opening the door to that there is a possibility that a president could have immunity to some subcategory of official actions, but not as to others."
Finally, she said that suggests Trump may end up being found at least partially immune by the nation's top court.
Regardless of the court's ruling, its simply taking the case will further delay Trump's trial. The case, originally scheduled for March, could drag on to late summer, at which point Trump may ask the court to further delay the case since it could prejudice the outcome of the election. Trump's strategy for his legal cases appears to be one of delay, with the idea that he can force the cases to be dropped if he is elected president.
