Chief Justice John Roberts asked a series of questions suggesting he is skeptical of an appeals court decision earlier this year that found Trump did not have immunity. He also undercut a central argument raised by special counsel Jack Smith throughout the case.
The Supreme Court ruled in 1982 that former presidents are immune from civil litigation. But Smith has argued that immunity shouldn’t be extended to criminal cases. In making that argument, Smith has called attention to what he has described as “safeguards,” including the need for a grand jury to bring charges and institutional norms within the Justice Department that would counsel against political prosecutions.
Roberts seemed concerned with that position. And that's a good sign for Trump.
“You know how easy it is in many cases for a prosecutor to get a grand jury to bring an indictment and reliance on the good faith of the prosecutor may not be enough in the some cases,” he said.