According to former federal prosecutor Andrew Weissmann, former President Donald Trump may have a backup plan in case his claims of presidential immunity fail in court. Weissmann, speaking on MSNBC's Morning Joe, suggested that if the courts do not grant Trump immunity, he might utilize his pardon power if elected as president in 2024.

Trump, who is currently the frontrunner for the GOP presidential nomination in 2024, is awaiting an appeals court ruling on whether he has presidential immunity protection in his federal election interference case. The case is expected to eventually reach the U.S. Supreme Court.

The Department of Justice (DOJ) investigation, led by special counsel Jack Smith, accuses Trump of attempting to overturn the results of the 2020 presidential election, which ultimately led to the U.S. Capitol riot on January 6, 2021. In August 2023, Trump was indicted with charges including conspiracy to defraud the United States, obstruction of an official proceeding, and conspiracy against rights.

Trump has maintained his innocence, claiming that the case against him is politically motivated. He has also argued that presidential immunity should shield him from being tried for these charges, although critics argue that he was not acting in his official capacity at the time of the alleged offenses.

Weissmann expressed his skepticism about the courts granting Trump presidential immunity but suggested that if Trump were to become president again, he might use his pardon power to protect himself and others involved in any potential crimes. This echoes Trump's previous statements about using his pardon power for individuals involved in the January 6 events.

"It's worth keeping an eye out for how other powers that he could have if he becomes president will be used in a way that gets him to the same end result," Weissmann remarked during the interview.

Trump and his legal team have been consistently arguing for the dismissal of the charges filed against him, citing presidential immunity as a defense. However, Judge Tanya Chutkan, overseeing the federal election interference case, ruled that Trump's immunity claims do not apply since he is no longer in office.

In a post on his social media platform Truth Social, Trump reiterated his belief that he should have immunity for any alleged offenses committed during the 2020 election. He emphasized that without full immunity, a president would be prone to almost certain indictment by the opposing party.

The question of presidential immunity and its potential impact on Trump's legal battles remains a contentious issue. As the legal process unfolds, it is likely that the Supreme Court may ultimately decide the fate of Trump's immunity claims.

Newsweek has reached out to both Trump's spokesperson and Weissmann for further comments on this matter.