Most legal experts say that former President Donald J. Trump will face deep skepticism at the Supreme Court on Thursday, when the justices will hear arguments on his claim that he is absolutely immune from prosecution on charges of plotting to subvert the 2020 election.
Mr. Trump would prefer to win, of course. But there are, from his perspective, at least two attractive ways to lose.
One involves the timing of the court’s decision, which has received substantial attention given the relatively leisurely pace it has set for itself in the case. Even if Mr. Trump eventually and categorically loses, each passing week makes it more challenging for Jack Smith, the special counsel in the case, to complete the trial before the election.
The other, which has received less consideration but is no less important, is the possibility that the court’s ruling, even if issued promptly, will inject additional legal complications into the case that will take time to sort out.
The indictment accuses Mr. Trump of an array of misconduct, including organizing fake slates of electors; pressuring state officials, the Justice Department and Vice President Mike Pence to help alter the results of the election; and directing supporters to the Capitol on Jan. 6, 2021.
The Supreme Court is unlikely to embrace the broadest version of Mr. Trump’s argument: that all of this was official conduct that cannot be the subject of a criminal prosecution. But the case is complicated enough that the justices may not issue a definitive ruling.
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