Donald Trump's New Supreme Court Argument Will 'Surely Fail'—Legal Analyst

Former president Donald Trump's efforts to invoke the U.S. Supreme Court's immunity ruling in his New York and Georgia criminal cases will "surely fail," according to legal analyst Norman Eisen.

In an op-ed published by CNN on Wednesday, Eisen, who served as counsel to the House Judiciary Committee during Trump's first impeachment trial, cast doubt that the Supreme Court's ruling would have serious implications for those two cases.

Newsweek reached out to Trump's campaign for comment via email.

The Court ruled on Monday that presidents have immunity for official acts, but no immunity for private acts, in the case surrounding whether immunity should shield Trump from facing charges in the federal case surrounding his alleged efforts at thwarting the 2020 election results.

Trump's attorneys argued he was acting as an elected official by raising concerns about the election, but prosecutors and many legal analysts say he was simply acting as a candidate trying to avoid defeat.

Judge Tanya Chutkan is now tasked with determining which charges relate to official acts, and thus should be tossed, and which are private acts, for which he can still face trial.

Following Monday's ruling, Trump's lawyers requested Judge Juan Merchan to push back the sentencing in his New York hush money case, which Merchan agreed to. Trump's attorneys have also argued the Supreme Court ruling could mean the conviction should be overturned.

However, Eisen wrote that the ruling will not affect the hush money case, as he was still a private citizen when he issued the payment to adult film actor Stormy Daniels to cover up her claims of having an affair with him, which he has denied and is considering appealing. And his 2017 reimbursement to his attorney "was certainly not part of his presidential duties," he wrote.

"These private acts have no resemblance to those the Supreme Court indicated are official, such as Trump considering replacing the attorney general or allegedly pressuring Justice Department employees to make false voter fraud claims to state officials," Eisen wrote.

The sentencing is now scheduled for September 18.

With regards to the criminal case out of Georgia, where Fulton County District Attorney Fani Willis charged Trump for allegedly trying to overturn the 2020 election results in the state, federal courts have "already held that the conduct at issue in the Georgia indictment is political, not official," Eisen wrote.

Eisen pointed to Justice Amy Coney Barrett's concurring opinion where she wrote that it is "hard to see" how prosecuting Trump for crimes committed when dealing with the Arizona House speaker would be shielded by immunity.

"Trump is not immune in his 34 felony convictions in Manhattan or the Georgia prosecution, and his current and coming efforts to invoke the Supreme Court's recent opinion in both places will surely fail," Eisen wrote.