Supreme Court grapples with historic immunity claim, with major consequences for Trump

 April 23, 2024

The Supreme Court will offer its first hints of how it will rule on Donald Trump's immunity claim when the court hears arguments in the historic case on Thursday.

The court will weigh whether or not U.S. presidents are shielded from prosecution over "official acts."

The case could have a profound impact on the 2024 election and the efforts of the Biden Justice Department to prosecute Trump before voters cast their ballots.

Trump's January 6th trial is on hold pending the resolution of the immunity issue.

Supreme Court immunity case

Trump's lawyers are expected to argue to the Supreme Court that he was performing his duties as president when he took steps to challenge the outcome of the 2020 presidential election.

Biden prosecutor Jack Smith sees it differently, accusing Trump of subverting the democratic process to stay in power.

Presidents already have immunity for civil acts, but it is unprecedented for an American president to be facing criminal charges, leaving the Supreme Court to grapple with a novel question.

Trump has warned that the case not only affects him but all future presidents and the ability of the president to perform his job without fear of retaliation.

“IF IMMUNITY IS NOT GRANTED TO A PRESIDENT, EVERY PRESIDENT THAT LEAVES OFFICE WILL BE IMMEDIATELY INDICTED BY THE OPPOSING PARTY,” Trump wrote in a Truth Social post over the weekend.

High stakes in critical case

Lower courts have rejected Trump's immunity claim as a sweeping proposition that U.S. presidents are "above the law." But the Supreme Court has shown some sympathy, broadly speaking, for Trump's arguments about liberal lawfare opening up a Pandora's Box.

Last month, the court rejected unanimously an effort to bar Trump from the ballot that was based on January 6th.

Even if the Supreme Court rejects Trump's argument on immunity, the justices could help Trump achieve a victory if they take their time pondering the weighty questions at hand.

Trump's opponents are fretting that any delay could result in Trump not facing trial before the election in November.

The presumptive Republican presidential nominee has accused Democrats of pursuing a "witch hunt" to derail his campaign, which is already on hold as he sits through a separate criminal trial in New York for "hush money."

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