Categories: USA

The United States Supreme Court will decide on Trump’s immunity in the election interference case USA election

The Supreme Court agreed this Wednesday that it will decide whether former President Donald Trump was granted presidential immunity when he tried to overturn the election results of the 2020 elections, a loss to Joe Biden who refused and still refuses. . In practice, the court’s announcement represents a victory for Trump’s legal strategy and includes a new postponement of the start of the trial against the magnate in Washington for the events that led to the attack on the Capitol on January 6, 2021.

Trump’s defense plan includes delaying as much as possible the four cases he has pending with the justice system, in which he faces 91 felonies. The ideal for his advocates is that they delay so long that the next November election comes in advance, in which everything indicates that Trump will face Biden again in an attempt to return to the White House after four years.

In a brief written statement, the Supreme Court announced that it will hear arguments from both sides during the week of April 22, after which it will deliver its verdict. If the Supreme Court agrees, the charges will be dismissed. If not, the process, which threatens to drag on for months, could drag on. Washington-based District Judge Tanya Chutkan originally scheduled the trial’s first hearing for next Monday, March 4.

The brief order from the Supreme Court, composed of nine justices, six of them conservatives, three of whom were appointed during Trump’s time in the White House, read: “(We will decide) if, and if so, whether the former president allegedly committed during his tenure. Does Rupe enjoy presidential immunity from criminal prosecution for conduct involving official acts?

A three-judge panel of the United States Circuit Court of Appeals for the District of Columbia ruled against Trump’s immunity claim on February 6. They also gave Magnet’s lawyers time to file an emergency petition with the Supreme Court to prevent the decision from taking effect.

Separation of Powers

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The defense maintains that he had absolute immunity as president and that that provided coverage for any of his actions. According to this argument, the immunity arises from the fundamental principle of separation of powers, and is an absolute antidote, to ensure that justice is not used for partisan purposes, that principle says. The Supreme Court justices will have to decide, among other things, whether these efforts to interfere in the election can fall within the category of the normal performance of the President’s job.

“For purposes of this criminal case, former President Trump has become citizen Trump, with all the defenses of any other criminal defendant. But any executive immunity that protected him while he served as president no longer protects him against this charge. ,” the appeals court’s 57-page ruling said in its submission. “It would be a striking paradox if the President, who has the ultimate constitutional duty to ensure faithful observance of the laws, is the only position capable of ignoring them with impunity.” (…) “We cannot accept that the office of the President keeps its former occupants above the law forever.”

Trump’s lawyers also claimed immunity in the case of classified papers that the FBI found during a search of his mansion in Mar-a-Lago, Palm Beach (Florida) after the former president improperly retained them. They were filled with secrets that affected national security, but lawyers argued their clients had the right to take them out of the White House because the decision was made in his last weeks in office. That trial is set to begin in Florida at the end of May, unless delayed further. The former president’s legal team also regularly airs complaints that too many trials threaten to interfere with the presidential campaign, which is entering its peak after the summer, and that Trump will certainly spend between the bench and the stand from the rally.

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