The Supreme Court will consider Trump’s claim of blanket immunity in the 2020 election case

Washington – The Supreme Court will meet on Thursday for consideration Does former President Donald Trump enjoy broad immunity? Freed from federal prosecutors and embroiled in a high-profile dispute that could prove crucial to his fortunes in the 2020 election case in Washington, D.C.

At issue is Trump v. United States Will the former president face criminal charges? His alleged official conduct while in the White House. The dispute, sparked by a federal indictment brought by special counsel Jack Smith, has had a major impact on the judge’s second term and the Trump administration. The political future.

The Supreme Court has never before discussed whether a former president is free from criminal charges, and the outcome of the legal battle will determine whether Smith’s case goes to trial. The court has a 6-3 conservative majority, with three members appointed by Trump.

If Trump wins, his federal trial in Washington will end. But if the Supreme Court sided with the special counsel, Already successful Before two lower courts, the case could resume if a judge rejects Trump’s claim of broad immunity. However, it is not clear how soon the trial will begin.

A victory for Smith would add to Trump’s 2024 election, as he could order the Justice Department to drop criminal charges against him if he returns to the White House.

The argument is expected to last at least an hour. Former Deputy Attorney General of Missouri D. John Sauer will defend Trump, and special prosecutor Michael Dribben will appear for Smith and his prosecution team.

In the court battle, judges will consider whether the doctrine of presidential immunity applies to prosecutions for crimes committed by former presidents while in office.

The Supreme Court ruled in 1982 that the president is immune from civil liability for acts performed within the “peripheral” scope of his official duties. But whether such blanket immunity could shield state chief executives from criminal charges has never before been discussed. Trump is the first former president in US history to be impeached. He pleaded not guilty to all charges and claimed that the case against him was politically motivated.

The arguments will be the culmination of the Supreme Court’s current term, during which the justices have heard many controversies that have directly or indirectly contributed to the controversy. Indirectly associated with TrumpLast March, the Supreme Court States can’t contain Trump Starting on the 2024 ballot, using a rarely cited provision of the 14th Amendment, overturned big decision The Colorado Supreme Court found him unfit to serve as president due to his actions during the January 6, 2021 attack on the US Capitol.

There will be activities Historical criminal justice Trump was charged in Manhattan with 34 state felonies for falsifying business records. The former president pleaded not guilty to the charges and tried unsuccessfully to have them overturned on immunity grounds. The judge overseeing the trial denied Trump’s request for leave to attend the Supreme Court’s arguments.

Trump’s immunity case

The dispute over presidential immunity stems from four felony counts against Trump related to his alleged efforts to sabotage the transfer of power after the 2020 presidential election. The former president pleaded not guilty to all counts last year, and proceedings in the case were stalled for months while immunity issues played out in federal court.

Two lower courts in Washington have rejected Trump’s argument that he should not face criminal charges related to conduct while in the White House. His lawyers urged the Supreme Court to overturn the verdict. Brief the judge Trump’s post-election actions were “official” in nature and therefore not subject to litigation.

The question before the judge was “whether and to what extent a former president enjoys presidential immunity from criminal prosecution for allegedly engaging in official conduct while in office.”

When it comes to the historic charges against Trump, his attorneys say the unprecedented nature of the allegations demonstrates the president’s general immunity from criminal charges.

“From 1789 to 2023, no former or current president has been criminally charged for his official actions, and for good reason,” they wrote in a filing last month. , the President cannot exercise his functions and the office of the President itself cannot maintain its essential independence.”

Sauer is expected to reiterate earlier claims that Trump’s actions between the November 2020 election and the Jan. 6 attack on the Capitol were part of his official duties and not within his powers as a presidential candidate.

“Once our nation crosses the Rubicon, every future president will face de facto blackmail and extortion while in office and politically motivated harassment for his most sensitive and controversial decisions,” he filed. “This bleak vision will result in a weak and hollow presidency that will be devastating to the entire American political system.”

Trump’s legal team also claims that the president can only be tried if he is first impeached in the House of Representatives and convicted in the Senate. Trump is Impeached by the House of Representatives An article that incites protests following the attack on the US Capitol on January 6, 2021, but Acquitted by the Senate.

At the same time, the special counsel argued that the Constitution does not grant the president absolute immunity from criminal prosecution, particularly in the conduct of personal campaigns.

A Brief filed in Supreme Court Earlier this month, Smith’s team wrote that “the presidential powers at issue in this case do not entitle the president to claim immunity from the usual federal criminal sanctions supporting these charges: fraud against the United States, obstruction of official proceedings, and vote rigging.”

The special counsel accused Trump of engaging in a criminal conspiracy to retain power and that his actions were in pursuit of a personal goal: to stay in the White House for another term. Smith wrote in his Supreme Court filing that Trump’s alleged conduct “undermines key constitutional provisions that protect democracy.”

The special counsel wrote earlier this month that there are “layered safeguards” in place when criminal cases are brought “to ensure that cases are screened against rigorous standards and that no president is knowingly compelled to carry out his duties.” Terrified by the ban.” If he commits a federal crime he will be prosecuted. “

Smith’s team has pushed back against claims by Trump’s lawyers that there is no historical legal precedent for the allegations against the former president.

“The absence of any prosecution of the former President prior to this case does not reflect an understanding that the President is immune from criminal liability; Rather, it emphasizes the unprecedented nature of the petitioner’s alleged conduct,” the Special Counsel said.

Prosecutors wrote in the filing that even if the Supreme Court finds that the former president cannot be criminally prosecuted for official conduct, Trump’s alleged conduct was “a private scheme by a private actor to achieve a private end: Petitioners are protected by fraud of that power.” “

They said the plan to overturn the presidential election results “exemplifies conduct that should not be condoned, or even treated differently.”

Loss of lower court

Trump’s trial was originally scheduled to begin in March, but US District Judge Tanya Chutkan, who was appointed to preside over the trial, said: That schedule is cancelled After the former president appealed a preliminary ruling that he could bring criminal charges against him.

Proceedings have been stalled since December, and even after the Supreme Court cleared the way for Trump to sue, consideration of the matter has delayed the case.

in it December verdict Chatkan declined to give Trump blanket immunity, writing that “America only has one CEO at a time, and that position does not give him a ‘get out of jail’ pass for life”.

Former President Md. Smith appealed against the verdict to speed up the trial of the case. Ask the Supreme Court Bypassing the U.S. Court of Appeals for the District of Columbia Circuit and taking the rare step of considering immunity issues before the appeals court rules.

the judge Request rejectedAllows the DC Circuit to hear and rule on cases first

A three-judge panel of the Court of Appeal unanimously agreed Verdict against Trump In February, the prosecution was allowed to proceed.

“For purposes of this criminal case, former President Trump has become a Trump citizen and has all the defenses of any other criminal defendant,” Dow wrote in their opinion, consisting of judges Karen Lecraft Henderson, Michelle Childs and Florence Pan. Executive immunity may protect him from this suit.”

The justices warned that “Trump’s position would unravel our separation of powers system by placing the president outside the jurisdiction of the three branches.”

The former president then asked the Supreme Court to intervene, which it agreed to do in late February. A decision is expected by the end of June.