The decision is the second time in months that judges have rejected it Trump’s immunity arguments And has maintained that he could be prosecuted for actions taken while he was in the White House and leading up to January 6, 2021, when mobs of his supporters stormed the Capitol to try to block Joe Biden’s certificate of victory.
But it also lays the groundwork for an additional appeal by the former Republican president that could reach the US Supreme Court. The trial was originally scheduled for March, but was postponed last week and the judge did not immediately set a new date.
The trial date has huge political implications, and Trump, the Republican primary front-runner, It is hoped to delay it until after the November elections.
If Trump defeats President Biden in a possible rematch in the November presidential election, He could possibly try to use his position as head of the executive branch to order the new attorney general to dismiss the federal cases, or he could seek a pardon himself.
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Trump’s Presidential Immunity: A Heavyweight Decision
It was a legal question Whether former presidents can be sued after leaving office for actions taken in the White House related to their official duties.
The Supreme Court has decided that Presidents are immune from civil liability for official actsAnd Trump’s lawyers have argued for months that those protections should be extended Even for criminal proceedings.
They said that actions Trump blamed it on a failed bid to stay in power after losing the 2020 electionAll fell within the “outer perimeter” of the President’s official act.
Also Smith’s team has said there is no such immunity in the US Constitution or in previous cases and that, in any event, Trump’s actions were not part of his official duties.
Trump’s lawyers then appealed to the Washington DC Court of Appeals, but Smith asked the Supreme Court to intervene first.
The hope is to ensure a quick and final verdict and save the trial date of March 4. The High Court dismissed the petition and left the matter to the Appellate Court.
“If a president is not granted immunity, any future president who leaves office will be immediately impeached by the opposing party,” Trump campaign spokesman Steven Cheung said in a statement after the court’s decision. “Jack Smith’s prosecution of Trump for his presidency and official actions is unconstitutional,” he said.
