Sen. Lindsey Graham says he thinks the Supreme Court will send former President Donald Trump’s election interference case back to the lower courts to decide which of his actions qualify for presidential immunity.
“I think that’s the way this will end,” Mr. Graham said Sunday on CNN’s “State of the Union.” “It will be some immunity for some of the actions.”
The South Carolina Republican said Mr. Trump will receive immunity, but it will be decided through legal analysis since the Constitution doesn’t mention absolute immunity.
“The president needs to be protected,” Mr. Graham said. “We don’t become a banana republic here where we prosecute our political opponents.”
The high court heard oral arguments last week on Mr. Trump’s presidential immunity claim in his election subversion case brought by special counsel Jack Smith.
Mr. Graham said he thinks all of the criminal trials against Mr. Trump are political. He said the criminal New York hush money case in Manhattan is a “political hit job on Trump six months before the election.”
“I think all these trials are political,” he said. “I think it’s selective prosecution for political purposes.”
He said he doesn’t think any of the former president’s criminal cases will affect who voters choose in November.
“Most Americans are not going to decide how to vote based on Trump’s legal troubles, but their troubles they face: inflation, crime or broken border,” the senator said.
Mr. Graham said he would “absolutely” support Mr. Trump in November if he becomes the Republican nominee even if he is convicted in any of his four criminal cases.
• Mallory Wilson can be reached at mwilson@washingtontimes.com.
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