SCOTUS could bail out Trump by declaring him immune from trial in Georgia: legal expert

A legal expert on Wednesday suggested that, although the Fulton County indictment against Donald Trump may be almost pardon-proof, the Supreme Court could still bail out the former president while leaving his 18 co-defendants “holding the bag.”

NYU law professor Ryan Goodman in a social media post suggested that, if Trump wins the presidency next year, the Supreme Court could declare that, as a sitting president, he's “immune” from a trial or a conviction.

Trump, along with 18 of his political allies, was indicted Monday in Fulton County, Georgia, on allegations they were involved in a conspiracy to overturn the state’s 2020 presidential election. The case is being charged under the state’s racketeering, or RICO, law.

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Goodman wrote on X, the site formerly known as Twitter, that “Yes, #GeorgiaIndictment is pardon proof.

“BUT, But, but... Supreme Court may well hold a sitting president is immune from trial/conviction.”

And in that scenario, Goodman writes “18 co-defendants left holding the bag. Trump, if elected, immune (for 4 years).”

“The issue here is whether the Supreme Court would ratify the long-standing position of the Department Justice Office of Legal Counsel that, as a matter of law, an incumbent president is immune from criminal trial and conviction,” Goodman said, noting a “few caveats.”

“The constitutional analysis may turn on whether a trial is already complete, and in the stages of post-conviction appellate litigation, which imposes less of a burden on a sitting president," Goodman said.

Goodman noted that the prospect of the Supreme Court bailing out the former president could compel his co-defendants to flip on him.

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