The Supreme Court will rule on Trump’s immunity, further delaying the election subversion trial
(CNN) –– The United States Supreme Court agreed this Wednesday to decide whether former President Donald Trump can plead immunity in a federal election subversion case led by special prosecutor Jack Smith. The High Court’s decision adds another explosive appeal by the former president to his file and may further delay his trial.
The court agreed to expedite the case and hear arguments in the week of April 22.
The development puts Trump, the front-runner for the Republican presidential nomination, in another trial with the high court, which earlier this month heard arguments in a separate case over whether the former president disqualified himself from running for a second term. 14th Amendment’s “Prohibition of Sedition”
Now, the Supreme Court arguments may come as Trump faces trial in New York on criminal charges of falsifying business records as part of a cover-up scheme to conceal payments to an adult film star before the election. Trump has pleaded not guilty. On this matter.
This Wednesday, the court ordered a stay on the lower court’s ruling against Trump until it decides the issue. As is common when cases are granted, the court issued only a brief order and did not indicate how the justices voted.
A spokesman for the special counsel’s office declined to comment.
Victory for Trump?
The decision represents a significant victory for Trump for at least two reasons: He will now be able to argue for broad presidential immunity that, if granted, could undermine the series of legal battles he faces. You may also be able to postpone the trial, perhaps for at least a few weeks.
Additionally, it is the second time the justices have denied Smith’s request. The special prosecutor months ago asked the court to take the case before the Washington Circuit decided it, and his request was denied.
Had the justices rejected Trump’s emergency request to halt the election subversion case, Smith could have moved more quickly, virtually guaranteeing a trial before the November election.
The Supreme Court has asked Trump to present his opening arguments in the case by March 19. In addition, Smith’s office has been asked to present its own arguments by April 8, and Trump has until April 15 to submit his final written arguments before oral arguments take place.
The Supreme Court took almost two weeks to make this announcement
CNN analyst and US The US Supreme Court took about two weeks to decide how it would proceed, suggesting there was behind-the-scenes maneuvering, said Steve Vladek, a professor at the university’s School of Law. of Texas.
“What’s surprising is that it took the court almost two weeks to reach this result, with none of the judges publicly dissenting,” Vladek said. “The jurors could not have reached a consensus on how to resolve the matter without being fully briefed and briefed.”
“It’s hard to read whether that makes it more likely that the court will side with Trump when it finally resolves his immunity claim, but it certainly means that even in the worst-case scenario for the former president, impeachment on Jan. There will be a delay of 5 months. This is a huge win for Trump, even if he loses this case,” Vladek added.
The former president filed an emergency request with the Supreme Court on February 12, asking to block a lower court ruling that determined his immunity did not extend to the election tampering charges brought by special prosecutor Smith. Trump argued that immunity was necessary to ensure that future presidents would not be subject to criminal charges. Without that guarantee, he said, “the presidency as we know it would cease to exist.”
But that argument went nowhere in the lower courts. A unanimous 57-page opinion from the Washington City Circuit earlier this month rejected the immunity claims. Trump and Smith filed opposing briefs with the Supreme Court asking whether the decision should be stayed.
Trump and Smith presented conflicting arguments to the Supreme Court on whether the decision should be stayed.
Smith responded in his own brief on February 14 that Trump is no closer to meeting the requirements necessary to suspend the process.
District Judge Tanya Chutak had already postponed the first trial date, originally set for March 4, while appeals courts reviewed Trump’s claims. However, given the delay, the trial will not begin until May at the earliest.
A very specific point with a big impact
The Supreme Court agreed to decide on Wednesday a relatively narrow question, but one with broad implications: whether a former president would be immune from criminal prosecution for acts committed while in office.
Trump argued that presidents would be reluctant to take specific action if they were concerned about facing criminal charges after leaving the White House. The criminal charge he faces in the 2020 election meddling probe, if upheld, would have a “chilling effect” on future administrations, he maintained.
But Circuit Judges Karen LeCraft Henderson, Florence Pan and J. Michelle Childs rejected those arguments.
The justices were clear that the allegations against Trump are serious and that they believe he should be prosecuted on the charges without any doubt. They called Trump’s alleged behavior after the 2020 presidential election unsafe and an attack on American institutions.
CNN’s Hannah Rabinowitz and Devan Cole contributed to this report.