What Trump’s lawyer conceded at the Supreme Court: From the Politics Desk

Welcome to the online version of From the Politics Desk, an evening newsletter that brings you the NBC News Politics team’s latest reporting and analysis from the campaign trail, the White House and Capitol Hill.

In today’s edition, reporters Lawrence Hurley and Ryan J. Reilly break down what happened in the Supreme Court arguments over Donald Trump’s claim of absolute immunity from prosecution for things that happened during his presidency. Plus, reporters Alexandra Marquez and Bridget Bowman walk through Senate Minority Leader Mitch McConnell’s moment after the passage of Ukraine aid.

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What Trump’s lawyer conceded at the Supreme Court

By Lawrence Hurley and Ryan J. Reilly

Former President Donald Trump has long argued for absolute immunity in his federal election interference case, but on Thursday his lawyer struck a different tone during arguments at the Supreme Court. Indeed, attorney D. John Sauer did something his client rarely does: He made some concessions.

Sauer appeared to agree with special counsel Jack Smith, who is leading the prosecution, that there are some allegations in the indictment that do not involve “official acts” of the president.

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Sauer’s main argument was that the entire indictment is premised on official acts, which should be protected by immunity in part to ensure that presidents do not have their hands tied over fear of prosecution after leaving office.

But Sauer accepted that Trump can be prosecuted for private acts that were not tied to his official duties as president.

During oral arguments, the justices zeroed in on the public-private distinction. Conservative Justice Amy Coney Barrett and liberal Justice Elena Kagan both peppered Sauer with questions concerning whether specific allegations in the indictment constituted official acts.

Sauer said that Trump’s conduct in three of the five situations he was asked about involved private actions, meaning they could be prosecuted. Read more here going through those situations.

The concessions came as the Supreme Court indicated that any trial in Trump’s election interference case is unlikely to take place soon, with justices expressing concerns about whether certain presidential acts should be off-limits.

The justices appeared likely to reject Trump’s expansive claim of absolute immunity as they probed each side’s arguments. But the court could remand the case for further proceedings, making it less likely that a trial would take place before the 2024 election.

In other words, Sauer’s backtracking might have little consequence from an electoral perspective. Further delay in a Trump trial, which Sauer is close to achieving, is a form of victory in itself.

Read more from Day 7 of Trump’s hush money trial on the NBC News live blog. 

McConnell takes a victory lap — and a phone call from Ukraine

By Alexandra Marquez and Bridget Bowman

Senate Minority Leader Mitch McConnell, R-Ky., is taking a victory lap after a bipartisan group of senators passed a foreign aid package that included more than $60 billion for Ukraine. He also took a phone call from Ukrainian President Volodymyr Zelenskyy.  

McConnell told NBC News’ “Meet the Press” that Zelenskyy acknowledged the GOP leader’s struggles with his own party in the push for additional aid when the pair spoke Thursday morning. 

“Well, he was grateful, because he knew that the big challenge was on my party,” McConnell told moderator Kristen Welker in an interview taped Thursday. McConnell said Zelenskyy also noted that more Republicans supported the sweeping aid package Tuesday than when the Senate passed a similar measure in February, which ultimately stalled in the House.  

“I think there’s a growing feeling in the Republican conference in the Senate that the isolationist path is not a good idea,” McConnell said.  

In a separate interview Wednesday with NBC News’ Frank Thorp and Ryan Nobles, McConnell said this foreign aid package was one of the most significant wins of his nearly 40-year career, calling it “certainly one of the most important issues I’ve been involved in over all these years.” 

“And if you look at it from a worldwide point of view, you could argue that it is the most important,” McConnell added.  

McConnell’s victory comes as he plans to step down as GOP leader at the end of this year. And while this package will pad his list of accomplishments, his legacy will also include shaping the conservative-leaning U.S. Supreme Court after deciding in 2016 that the Senate would not consider then-President Barack Obama’s nominee.   

McConnell weighed in on the case currently before the court, telling “Meet the Press” that he did not think presidents should be immune from criminal prosecution for actions they took while in office.

The Republican leader stood by his comments from 2021 after voting to acquit Trump during the former president’s second impeachment over his role in the Jan. 6 Capitol riot. At the time McConnell said, “We have a criminal justice system in this country. We have civil litigation. And former presidents are not immune from being [held] accountable by either one.”

“That’s my view,” McConnell reiterated Thursday. “But my view is only my view. I mean, the court is going to decide.”

Read more about McConnell’s “Meet the Press” interview, and watch the interview Sunday. →

That’s all from The Politics Desk for now. If you have feedback — likes or dislikes — email us at [email protected]

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