Supreme Court seems skeptical of Trump's claim of absolute immunity but decision's timing is unclear

WASHINGTON (AP) — The Supreme Court seems highly skeptical of former President Donald Trump’s claim of absolute immunity from prosecution, but it’s less clear that the justices are headed for a quick resolution.

Chief Justice John Roberts was among at least five members of the court Thursday who appeared likely to reject the claim of absolute immunity that would stop special counsel Jack Smith's prosecution of Trump on charges he conspired to overturn his 2020 election loss to Democrat Joe Biden.

Arguments were in their second hour by late morning.

The timing of the Supreme Court’s decision could be as important as the outcome. Trump, the presumptive 2024 Republican presidential nominee, has been pushing to delay the trial until after the November election, and the later the justices issue their decision, the more likely he is to succeed.

Justices Neil Gorsuch and Brett Kavanaugh, two of Trump's three high court appointees, suggested that former presidents might have some immunity and that in this case, lower courts might have to sort out whether that applied to Trump. That could further delay a trial.

Justice Amy Coney Barrett, the other Trump appointee, seemed less open to arguments advanced by Trump lawyer D. John Sauer.

Smith’s team is asking for a speedy resolution. The court typically issues its last opinions by the end of June, about four months before the election.

Trump, the first former president charged with crimes, had said he wanted to be at the Supreme Court on Thursday. Instead, he was in a courtroom in New York, where he is standing trial on charges that he falsified business records to keep damaging information from voters when he directed hush money payments to a former porn star to keep quiet her claims that they had a sexual encounter.

Trump’s lawyers argue that former presidents are entitled to absolute immunity for their official acts. Otherwise, they say, politically motivated prosecutions of former occupants of the Oval Office would become routine and presidents couldn't function as the commander in chief if they had to worry about criminal charges.

Lower courts have rejected those arguments, including a unanimous three-judge panel on an appeals court in Washington, D.C.

The election interference conspiracy case brought by Smith in Washington is just one of four criminal cases confronting Trump.

Smith’s team says the men who wrote Constitution never intended for presidents to be above the law and that, in any event, the acts Trump is charged with — including participating in a scheme to enlist fake electors in battleground states won by Biden — aren’t in any way part of a president’s official duties.

Nearly four years ago, all nine justices rejected Trump’s claim of absolute immunity from a district attorney’s subpoena for his financial records. That case played out during Trump’s presidency and involved a criminal investigation, but no charges.

Justice Clarence Thomas, who would have prevented the enforcement of the subpoena because of Trump’s responsibilities as president, still rejected Trump’s claim of absolute immunity and pointed to the text of the Constitution and how it was understood by the people who ratified it.

“The text of the Constitution … does not afford the President absolute immunity,” Thomas wrote in 2020.

The lack of apparent support on the court for the sort of blanket immunity Trump seeks has caused commentators to speculate about why the court has taken up the case in the first place.

Phillip Bobbitt, a constitutional scholar at Columbia University’s law school, said he worries about the delay, but sees value in a decision that amounts to “a definitive expression by the Supreme Court that we are a government of laws and not of men.”

The court also may be more concerned with how its decision could affect future presidencies, Harvard law school professor Jack Goldsmith wrote on the Lawfare blog.

But Kermit Roosevelt, a law professor at the University of Pennsylvania, said the court never should have taken the case because an ideologically diverse panel of the federal appeals court in Washington adequately addressed the issues.

“If it was going to take the case, it should have proceeded faster, because now, it will most likely prevent the trial from being completed before the election,” Roosevelt said. “Even Richard Nixon said that the American people deserve to know whether their president is a crook. The Supreme Court seems to disagree.”

The court has several options for deciding the case. The justices could reject Trump's arguments and unfreeze the case so that U.S. District Judge Tanya Chutkan can resume trial preparations, which she has indicated may last up to three months.

The court could end Smith's prosecution by declaring for the first time that former presidents may not be prosecuted for official acts they took while in office.

It also might spell out when former presidents are shielded for prosecution and either declare that Trump's alleged conduct easily crossed the line or return the case to Chutkan so that she can decide whether Trump should have to stand trial.

Follow the AP's coverage of the U.S. Supreme Court at https://apnews.com/hub/us-supreme-court.

Demonstrates stand outside the Supreme Court as the justices prepare to hear arguments over whether Donald Trump is immune from prosecution in a case charging him with plotting to overturn the results of the 2020 presidential election, on Capitol Hill Thursday, April 25, 2024, in Washington. (AP Photo/Mariam Zuhaib)

Demonstrators protest outside the Supreme Court as the justices prepare to hear arguments over whether Donald Trump is immune from prosecution in a case charging him with plotting to overturn the results of the 2020 presidential election, on Capitol Hill Thursday, April 25, 2024, in Washington. (AP Photo/Mariam Zuhaib)

Demonstrators protest outside the Supreme Court as the justices prepare to hear arguments over whether Donald Trump is immune from prosecution in a case charging him with plotting to overturn the results of the 2020 presidential election, on Capitol Hill Thursday, April 25, 2024, in Washington. (AP Photo/Mariam Zuhaib)

Supreme Court is seen as the justices prepare to hear arguments over whether Donald Trump is immune from prosecution in a case charging him with plotting to overturn the results of the 2020 presidential election, on Capitol Hill in Washington, Thursday, April 25, 2024. (AP Photo/J. Scott Applewhite)

Activist Stephen Parlato of Boulder, Colo., right, joins other protesters outside the Supreme Court as the justices prepare to hear arguments over whether Donald Trump is immune from prosecution in a case charging him with plotting to overturn the results of the 2020 presidential election, on Capitol Hill in Washington, Thursday, April 25, 2024. (AP Photo/J. Scott Applewhite)

FILE - The Supreme Court is seen at sunset in Washington, on Jan. 24, 2019. On the left and right, Supreme Court justices seem to agree on a basic truth about the American system of government: No one is above the law, not even the president. (AP Photo/J. Scott Applewhite)

LONDON (AP) — London Mayor Sadiq Khan has a lot of cleaning up to do.

Khan, who made history Saturday by becoming the city's first mayor elected to a third term, has pledged to make the River Thames swimmable.

It wasn't a top campaign issue but it's an audacious goal considering the waterway was declared biologically dead not long before his birth in the city in 1970 and flows as an open sewer of sorts when heavy rains overwhelm London's ancient plumbing system.

Taming the Thames would not be Khan’s first swim upstream. His narrative is built around overcoming the odds.

As he frequently points out, he is the son of a bus driver and a seamstress from Pakistan. He grew up in a three-bedroom public housing apartment with seven siblings in South London. He attended a rough school and went on to study law. He was a human rights attorney before he was elected to Parliament in 2005 as a member of the center-left Labour Party, representing the area where he grew up.

In 2016, he became the first Muslim leader of a major Western capital city, overcoming an opponent whose mayoral campaign was “at least somewhat Islamophobic,” said Patrick Diamond, a public policy professor at Queen Mary University of London.

“It was seen as an affirmation of him in terms of his status as a leading Muslim politician, but also as an affirmation of London in terms of its diversity, its liberalism, its cosmopolitanism,” Diamond said. “That was significant in a country which doesn’t historically have a very strong track record for having diversity in its senior politicians.”

Khan has faced subtle and overt discrimination throughout his career due to his ethnicity and religion. Some of the sharpest barbs have come from former President Donald Trump, who has feuded with him since Khan assailed Trump's campaign pledge in 2015 to ban Muslims from entering the U.S.

During a campaign rally Wednesday in Wisconsin, Trump said London and Paris were “no longer recognizable” after they “opened their doors to jihad.”

Khan, who has referred to Trump as the “poster boy for racists,” responded by saying Thursday's election was a chance to "choose hope over fear and unity over division.”

“One of the things that he does incredibly well, and I would defy anyone to disagree with this, is representing London’s different and diverse communities,” said Jack Brown, a lecturer in London studies at King's College London. “He hasn’t got absolutely everything right, but he is kind of a bringer together of different communities.”

Khan, who was ahead of the national Labour Party in calling for a cease-fire in Gaza, has taken a lot of flak for large pro-Palestinian marches in the city since the Israel-Hamas war. But he's also known for speaking out against antisemitism and for building bridges with Jewish leaders, Brown said.

Despite his success at the polls, Khan is not an incredibly popular mayor. He’s been blamed for a lot of problems, many of which are beyond his control.

The mayor of London doesn’t have the authority of mayors in Paris or New York because power is shared with the city’s 32 boroughs and the financial district.

Khan has a 20-billion-pound ($25 billion) budget that primarily goes on transport, policing and working with councils and developers to achieve his affordable housing targets that he has fallen far short of meeting. Borough councils are responsible for schools, rubbish collection, social services and public housing.

His time in office has been overshadowed by crises: first the U.K.'s break from the European Union that weakened London's thriving financial services industry, and then the COVID-19 pandemic, which led to a cost-of-living crisis.

He has touted measures he put in place such as freezing rail and bus fares and providing free meals for all primary school pupils among his biggest achievements.

Khan has deflected a lot of criticism by blaming his difficulties on a Conservative government that has impeded his plans. He said a projected win by Labour in a national election later this year would change his fortunes.

“For too long we’ve had a government that appears to be anti-London, that thinks the way to level up our country, to make it more equal, is make London poorer,” Khan told The Associated Press. "And that’s cutting off its nose to spite its face.”

But Diamond said a Labour government will face the same fiscal problems as the current administration and is unlikely to suddenly make Khan's life easier.

“You can’t always play the party politics card,” Diamond said. “The general sense in London is that Sadiq Khan does that too often. Or you can blame the Conservative government once or twice, but if it’s your only message, I think people maybe get a little bit tired and switch off to some extent.”

Khan has been criticized by opponents for a rise in crime — particularly incidents involving knives. He has responded by pledging more support for programs that work with youths to prevent crime while blaming government funding cuts.

In the outer suburbs, Khan has come under fire for expanding the city’s Ultra Low Emission Zone that fines drivers of more-polluting older cars 12.50 pounds (about $16) a day. Although the policy was introduced in central London by his predecessor, Boris Johnson in 2015, it has widely been attributed to Khan because of its unpopular expansion, though it only applies to a small fraction of vehicles.

His main opponent, Susan Hall, a London Assembly member, had vowed to “stop the war on motorists” and scrap the program on her first day in office if elected.

Khan, who has made cleaning up London's air pollution a personal mission since he developed asthma as an adult, considers those efforts among his biggest wins.

Making the Thames swimmable in the next decade would expand his mission from clean air to clean water. Brown said that might be a more tangible achievement — given that air pollution is often invisible — but it's probably not something that won over a lot of voters.

“I don’t think many Londoners are calling out for a dip in the Thames, but why not?" Brown said. "You know, green policy’s all good."

Associated Press writer Jill Lawless contributed.

Labour's Sadiq Khan speaks after he is re-elected as the Mayor of London, at City Hall, London, Saturday May 4, 2024. ( Jeff Moore//PA via AP)

Sadiq Khan walks on to the stage as he is re-elected for a record third time as Mayor of London, following the counting of votes, at City Hall in London, Saturday, May 4, 2024. Khan, the Labour Party's Mayor of London, has romped to victory, securing a record third straight term at City Hall, on another hugely disappointing day for the U.K.'s governing Conservatives ahead of a looming general election. (AP Photo/Alastair Grant)

London Mayoral Labour Party candidate Sadiq Khan and his wife Saadiya Ahmed pose for the media as they arrive to vote in London, Thursday, May 2, 2024. Khan, is seeking re-election, and standing against 12 other candidates for the post of Mayor of London. There are other Mayoral elections in English cities and as well as local council elections. (AP Photo/Kin Cheung)

Sadiq Khan makes a speech after he is re-elected for a record third time as Mayor of London, following the counting of votes, at City Hall in London, Saturday, May 4, 2024. Khan, the Labour Party's Mayor of London, has romped to victory, securing a record third straight term at City Hall, on another hugely disappointing day for the U.K.'s governing Conservatives ahead of a looming general election. (AP Photo/Alastair Grant)