Supreme Court Will Decide if Trump Immune From Prosecution for Attempting to Overturn Election
The U.S. Supreme Court has granted former President Donald Trump’s request to decide if he is immune from prosecution on charges of attempting to overturn the results of the 2020 election.
The court will consider “Whether and if so to what extent does a former President enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office.”
The Wednesday court order granting certiorari to Trump says oral arguments will begin the week of April 22. The order also instructs the appellate court to keep Special Counsel Jack Smith’s case against Trump paused until the Supreme Court reaches a decision on the immunity matter.
That question has already delayed what was an expedited schedule for the prosecution. A federal grand jury in D.C. indicted Trump on four counts on August 1, 2023, and after legal back-and-forth between Smith and Trump’s legal team, the court set a March 4, 2024 trial date.
Before today’s order by the court, District Judge Tanya Chutkan had delayed that trial date, as the case has been on hold since December. Today’s order makes clear that pre-trial work in that prosecution must remain on hold.
The order setting argument on immunity for April 22 is a blow to Smith on the calendar. Rather than granting a stay, it has constructively created such a stay by scheduling the argument. Keep in mind, even if Smith prevails, pre-trial work must wait for the return of the mandate
— Jonathan Turley (@JonathanTurley) February 28, 2024
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Photo credit: Gage Skidmore via Flickr
