The Supreme Court will likely reach a "divided decision" on former President Donald Trump's claims of immunity that splits the difference between acts that had to do with his presidency versus actions taken for political purposes, Harvard Law professor emeritus Alan Dershowitz told Newsmax on Thursday.
"This is a serious case, and I don't think they will simply affirm the lower court, which went too far, and I don't think they will accept completely Trump's arguments, which went too far," Dershowitz said on "Newsline." "I suspect they will come down with a divided decision, maybe 6 to 3, but a decision that splits the differences."
The court Wednesday agreed to deliberate Trump's claims of immunity in connection with the charges brought against him by special Jack Smith in his efforts to overturn his 2020 election loss to President Joe Biden. Smith's case has been put on hold.
The Supreme Court is also reviewing a lower court's rejection of the immunity claims, with Trump arguing he was still president on Jan. 6, 2021, during the incidents at the U.S. Capitol.
"The Supreme Court did the right thing by taking the case," said Dershowitz. "It's an important case, and even though it will stop these trials from occurring before the election, these trials should not occur before the election. That does constitute, in effect, election interference."
The system, he added, is playing "too great a role in our election."
"We do not want our president to be determined by prosecutors or by judges," said Dershowitz. "We want them to be determined by the people."
Meanwhile, the court's decision to hear the immunity case has come under fire by liberals, but Dershowitz said that is because the left has gotten too used to it ruling in their favor for years.
"If the Supreme Court doesn't rule the way they want it to rule they think it shouldn't rule at all," Dershowitz said. "Now that the Supreme Court is more conservative, these same scholars are saying, Well, the speaker should stay out of deciding cases. It's very hypocritical, and you shouldn't listen to academics, especially Harvard professors who clearly have an agenda here and who aren't interested in a neutral approach to Supreme Court adjudication.
"They just want their way. You can't have it both ways."
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