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The Court has to know that ruling a former President immune for breaking the law isn't a viable decision.
Like, it would immediately make any sitting President a king, and supercede the Court's power.
Which is why they'll wait, but rule he isn't immune. Not because it's the right thing, but because doing otherwise would make the Court less, and they're selfish fucks that want to be on top.
It's also holding up one or two other trump trials while they wait for the decision. Though a tiny part of me hopes they rule presidents are kings and biden just goes "OK bet" and does whatever the hell he wants. I can imagine him watching helmetcam footage of a few supreme court justices getting black bagged by seals while eating an ice cream cone.
I will not be suprised if they rule him immune in that very specific case, under his excuse that he was "defending democracy with the information he had at that time".
It blocks full immunity for everything and gives Trump a free pass, the SC will retain power, and the US saves a little bit of face, on paper, in legitimizing the jan 6 troubles.