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Ellis prediction on Trump immunity: High court will separate private versus official conduct

Ellis prediction on Trump immunity: High court will separate private versus official conduct


Ellis prediction on Trump immunity: High court will separate private versus official conduct

Reacting to a landmark case that was argued Thursday before the U.S. Supreme Court – whether a sitting U.S. president has immunity from prosecution – a former attorney for Donald Trump predicts the high court will separate private acts from official White House decisions.

In the 2 ½ hour-hearing, the nine justices heard oral arguments over where Trump is immune from prosecution in Special Counsel Jack Smith's election interference case.

The case went before the Supreme Court after a federal appeals court ruled Trump is not immune from prosecution.

Trump attorney John Sauer argued for immunity for his client while Michael Dreeben represented the Department of Justice and the Biden administration.

According to an Associated Press story, which analyzed the oral arguments, the court’s right-leaning justices seemed split over the issue. Chief Justice John Roberts did not appear to “embrace” the claim of absolute immunity for Trump, the AP said. Justices Neil Gorsuch and Brett Kavanaugh suggested former presidents have some immunity which needs to be addressed by a lower court.

A ruling from the high court is not expected until late June.

Jenna Ellis, a former attorney for Trump, followed the court proceedings and came away with a prediction she shared on American Family Radio.

“The court will send this case back to the trial court,” Ellis predicted, “with instructions on separating the alleged acts between his actually official conduct versus private conduct.”

Ellis, Jenna Ellis

If that is how the court rules, she continued, then Smith and the Department of Justice will be instructed to base their case on private acts allegedly committed by Trump, which are not covered by presidential immunity.

Ellis, whose relationship with Trump has soured over the years, told AFR the public needs to pay attention to the former president's legal fight. 

"Regardless whether you like Trump or not, remember this is not about Donald Trump," she warned. "This is about the issue of presidential immunity and will have far-reaching consequences for the office of President."

Ellis shared her views in an interview on the "Today's Issues" program. She hosts a weekday AFR show "Jenna Ellis in the Morning." 


Editor's Note: American Family Radio is a division of the American Family Association, the parent organization of the American Family News Network, which operates AFN.net.