Untouchable or not untouchable? This question is currently being asked around Donald Trump in America. The former president is trying to play the immunity card to escape the trials hanging in his face, especially regarding his multiple attempts to overturn the outcome of the 2020 presidential election scheduled for March 4.
After being rejected by the Washington Court of Appeals, the Supreme Court announced it would take up the issue on Wednesday. In what cases does the question of criminal immunity arise? How much will Donald Trump benefit from this decision? What are the stakes of this question of salvation? Nicole Bacharan, historian and political scientist, an expert on politics and American society, responds to the Supreme Court’s decision, “a hugely democratic constitutional issue”.
What are we talking about?
Donald Trump is the target of numerous investigations, three of which concern legal cases connected to his presidency: his role in storming the Capitol on January 6, 2021, and a suspected election fraud attempt in Georgia that is a set of illegal overthrow attempts. 2020 election results, as well as his careless handling of confidential documents. On these three cases, which should give rise to three trials, the former American president wants to assert his presidential immunity. Donald Trump is president so he is covered by this immunity, his lawyers argue.
A three-judge appeals court rejected the argument in early February: “For purposes of this criminal case, former President Trump becomes citizen Trump, with the same protections as any other defendant. »
The Republican candidate’s lawyer therefore referred the matter to the Supreme Court, which is roughly equivalent to a combination of the Council of State, the Constitutional Council and the Court of Cassation in France. The country’s highest court, made up of nine justices, including six conservatives, decided to rule on the question against the advice of special prosecutor Jack Smith, who was investigating the case.
Why is the decision of the Supreme Court favorable to Donald Trump?
With this seizure, Donald Trump is mainly playing for time to avoid being called to appear before the next election in November. Because the Supreme Court’s decision suspends the decision given by the Court of Appeal. The court will hear arguments the week of April 22, setting the stage for a decision in May or June. That further reduces the chances that a trial could take place before the 2024 presidential election. Nicole Bacharan explains, therefore, that the chances of a trial and further convictions before November 5 are less and less likely.
“It’s a victory for Trump because his strategy is precisely to gain time and delay as much as possible his confrontation with the justice system so as not to be embarrassed during the election campaign,” analyzed Lawrence Norden, head of the Americas program at French. Institute of International Relations (IFRI). Additionally, if he is elected and tried after taking office, he would, in effect, have regained his presidential immunity and could order an end to federal prosecutions against him once he is inaugurated in January 2025. Donald Trump has already mentioned the option of granting himself a presidential pardon. “If it waives itself, even if it’s not constitutional, there will be no binding authority to stop it,” Nicole Bacharan further warns.
Why is American democracy at stake?
If the Supreme Court contradicts an appeals court that presidential immunity protects a former White House tenant, there will be no trial. But it seems difficult to imagine. Indeed, if we take the logic to its extreme, “this would mean that an opponent can be assassinated without prosecuting the president, there is an insane democratic issue”, believes Lawrence Nardon.
“If Donald Trump, and therefore any president, could be covered by presidential immunity for criminal acts, moreover in his case for the purpose of staying in power, the American rule of law would no longer exist,” Plussilk Nicole Bacharan. Especially since this decision will immediately set a precedent, thus creating an unprecedented and dangerous precedent for the future. Lawrence Norden asserts, “It’s a fundamental democratic principle: the president can’t do whatever he wants in office.”
Impropriety, another question that preoccupies judges
Especially since the Supreme Court has another topic concerning Donald Trump: his disqualification, or not, for the next presidential election. In question, his accusation of “conspiracy against the American state”, obstruction of official process and violation of electoral rights in the context of an attack on the Capitol, which he is accused of allowing at best to encourage at worst.
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On this topic, the nine judges of the Supreme Court will have to give a conclusion in the coming weeks. “It remains to be seen whether the Supreme Court will decide on the mere legal question. Because even if they’re not going to get involved in politics, they sometimes do,” warns Laurence Nardon.
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