Mon. Apr 22nd, 2024

Supreme Court to decide Trump’s immunity claim in election interference case

By 37ci3 Feb28,2024

WASHINGTON – The Supreme Court On Wednesday, it was decided whether the former president Donald Trump may claim presidential immunity for criminal election interference charges, adding a new hurdle to the ongoing trial.

In a brief decision, the court heard arguments and said it would rule on the immunity claim. In the meantime, the case is suspended, meaning no court proceedings can take place.

The court will hear the case on April 22, which could take months to resolve, the order says. That deadline allows for a decision by the end of the court’s regular term in June, which is earlier than when the court heard. arguments, but not as quickly as prosecutors would like.

The legal question the court will decide is “whether, and if so, to what extent, a former president can exercise presidential immunity from criminal prosecution for conduct allegedly related to official acts while in office,” the order said.

Even if Trump loses, the trial cannot take place until the end of the election season, raising questions about whether it will happen before Election Day in November. If Trump had won his appeal before the court, the charges would have been dismissed.

In a Truth Social post after the Supreme Court’s announcement Wednesday, Trump reiterated his argument that without immunity, “the President cannot properly act or make decisions in the best interests of the United States of America.”

“Presidents will always be anxious and even paralyzed by the prospect of unjust persecution and retaliation after they leave office,” he added.

Image: Donald Trump
Republican presidential nominee former President Donald Trump speaks at the National Rifle Association’s Presidential Forum on Feb. 9, 2024, in Harrisburg, Pa. Matt Rourke/AP file

A three-judge panel of the United States Court of Appeals for the District of Columbia Circuit He decided against Trump on February 6, but gave him time to make an emergency appeal to the Supreme Court to block the ruling from taking effect.

“For purposes of this criminal case, former President Trump is a Trump citizen with all the protections of any other criminal defendant,” the appeals court’s ruling said.

That court did not directly decide whether Trump was engaged in official activity when protesting the election results.

Trump’s attorneys pointed to a 1982 Supreme Court ruling that upheld the president’s immunity from civil lawsuits for actions within the “outer perimeter” of the president’s official responsibilities.

They argue that presidents should have full immunity for official activities as president, and that his actions in questioning election results are part of his official duties.

Lawyers admitted that the former president could be prosecuted for actions unrelated to official activities.

On Jan. 6, in a separate case involving civil claims against Trump over his role, a different panel of judges from the same appeals court rejected his immunity claim, ruling that the former president was not acting in an official capacity because he was acting on his behalf. as a candidate for the position. Trump chose against appeals this case to the Supreme Court.

Washington, D.C.-based U.S. District Judge Tanya Chutkan originally scheduled the trial for March. It is one of four criminal cases Trump is contesting.

If Trump wins the election, he will be able to order the charges in the Washington case to be dismissed. If he is already convicted, he can apply for a pardon.

If Trump is allowed to stand trial, then “such prosecutions will be repeated and become increasingly routine, leading to cycles of devastating prosecutions,” his lawyers wrote. Appeal to the Supreme Court.

Jack Smith, the special prosecutor who prosecuted the case, said this in his speech court documents it was important to resolve the issue quickly.

“Delaying these charges threatens to undermine the public interest in prompt and fair sentencing in every criminal case and a compelling interest here of unique national importance,” he said.

The Supreme Court has a 6-3 conservative majority, with three appointed by Trump. Despite the ideological makeup of the court, Trump lost several recent jobs.

The judges heard on February 8 Disputes in a separate case involving Trump involve the former president’s bid to keep him off the ballot in Colorado. In such a case, the court seems likely to rule in his favor.

Trump’s immunity claim was prompted by a four-count indictment in Washington, including charges of conspiracy to defraud the United States and conspiracy to obstruct official proceedings. He pleaded not guilty.

Chutkan in December He rejected Trump’s appeal quashing the indictment on presidential immunity and other constitutional grounds.

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By 37ci3

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