The US Supreme Court accepted an unprecedented case against Trump’s absolute impunity

The US Supreme Court agreed on Wednesday to hear an unprecedented claim that Donald Trump has absolute immunity from criminal prosecution over his efforts to overturn the 2020 election, casting doubt on whether the case will reach trial before the 2024 election. writes The Guardian.

The justices scheduled oral arguments for the week of April 22 to consider a recent decision by a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit, which flatly rejected Trump’s claim to immunity in a decision earlier this month.

Trump’s criminal case will remain on hold until the Supreme Court finally rules on the issue, adding political overtones to the matter and potentially influencing whether Trump faces trial before the presidential election in November.

The unsigned order stated that the court intended to consider at oral arguments the question of “whether the former President enjoys presidential immunity from prosecution for conduct allegedly related to official acts while in office and, if so, to what extent.” degrees.”

In the 2020 federal election case, Trump faces a four-count indictment in Washington, D.C., brought by special counsel Jack Smith, accusing him of conspiracy to defraud the United States, conspiracy to obstruct Congress’ certification of the election results and rights violations.

Trump sought the dismissal of the charges last year, arguing in a 52-page filing that the conduct he was charged with fell within the so-called “outer perimeter” of his official duties, meaning he could not be held accountable because for the broad protection afforded to the presidency.

The motion to dismiss alleged that all of Trump’s attempts to overturn his 2020 election defeat detailed in the indictment, from pressuring his Vice President Mike Pence to stop Congress from certifying Biden’s victory to orchestrating fraudulent voter rolls, were made in his capacity as President and therefore protected.

At the core of the Trump legal team’s submission was the extraordinary assertion that Trump was not only entitled to absolute presidential immunity, but that immunity applied regardless of Trump’s intent to commit the acts alleged in the indictment.

The arguments were rejected by presiding U.S. District Judge Tanya Chutkan and then by a three-judge panel of the D.C. Circuit, which wrote in an unsigned but unanimous decision that they could not endorse that interpretation of the executive branch.

“Essentially, former President Trump’s position would have destroyed our system of separation of powers, placing the President beyond the reach of all three branches of government,” it concluded. “We cannot accept that the office of the President places his former employees above the law for all future times.”

Trump’s lawyers decided to file the immunity claim last October in large part because it is a so-called interlocutory appeal – an appeal that can be heard pre-trial – that has critically stalled the case until it is resolved.

The stay was important because Trump’s overall strategy has been to seek a delay, ideally even after the election, in the hope that winning a second presidency would allow him to pardon himself or appoint a loyal attorney general who would drop the charges, it noted. The Guardian.

The Supreme Court’s involvement now means the case remains frozen until the justices make a decision. And even if the court rules against Trump, the case may not be ready for trial until late summer or later.

The reason Trump won’t go to trial once the Supreme Court rules is because Trump is technically entitled to the “time to prepare his defense,” which he had left when he filed his first appeal in the district court. Colombia on December 8, 2023, resulting in the suspension.

Trump has 87 days remaining on that deadline, calculated by finding the difference between his original trial date of March 4 and December 8. As a result, Trump could face trial in Washington as soon as possible, adding 87 days to the date of the Supreme Court’s final decision.

With oral arguments scheduled for April, a decision may not be rendered until May. Alternatively, in a worst-case scenario for the special counsel, the Supreme Court could wait until the end of its current term in July, which could mean the trial could be delayed until the end of September at the earliest.