How Trump could win at the Supreme Court even if his broad immunity argument is rejected

Former President Donald Trump might be able to declare victory in his upcoming Supreme Court case on presidential immunity even if the justices reject his most extreme arguments.

WASHINGTON — Former President Donald Trump might be able to declare victory in his upcoming Supreme Court case on presidential immunity even if the justices reject his most extreme arguments.

At issue in the high-stakes showdown Thursday is whether Trump's criminal charges over his attempt to overturn the 2020 election results should be dismissed based on a broad claim of immunity.

Even if the court rejects that bold argument, it could still send the case back to Washington-based U.S. District Court Judge Tanya Chutkan for more proceedings on whether some of Trump's actions are insulated from prosecution.

With the case, initially scheduled for trial in March, already plagued by delays, such a ruling would further imperil the chances of any trial being concluded before November's election.

"Trump’s first preference would be a ruling that he is immune, but a second preference would be a ruling that there is some kind of complicated factual test for immunity so it has to be remanded," said Richard Bernstein, a lawyer who filed a friend-of-the-court brief opposing Trump on behalf of former government officials.

https://www.nbcnews.com/politics/supreme-court/trump-win-supreme-court-immunity-argument-rcna148384

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