Former New Jersey Superior Court Judge Andrew Napolitano told Newsmax on Monday the Supreme Court's ruling that presidents have immunity for presidential acts in office is what he expected.
In a 6-3 ruling, the Supreme Court said presidents have "absolute" immunity for official acts but no immunity for unofficial acts.
Former President Donald Trump has been charged by special counsel Jack Smith in Washington, D.C., for allegedly trying to overturn the 2020 presidential election
Appearing on "National Report," Napolitano said the ruling means a jury in Washington, D.C., will decide if Trump was acting in an official or unofficial capacity. Napolitano said Trump could face a hostile jury in a place that overwhelmingly votes Democrat.
"[It's a] setback for President Trump," Napolitano said. "The D.C. case stays alive and well."
If Trump wins re-election, Napolitano expects the case to not go forward and the ruling will apply to future presidents.
Napolitano said the prosecutors in the Washington, D.C., case will have a heavy burden of proof to show that Trump was not acting in a presidential capacity and a jury will have to resolve his intentions.
"On Jan. 6, was it in furtherance of democracy or was it in furtherance of impeding democracy so that Donald Trump would stay in office?" Napolitano said.
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