Has the President of the United States enjoyed immunity from criminal prosecutions for acts committed while in office? That is what Donald Trump has claimed in an effort to dodge or delay the trial he faces in Washington over his attempts to overturn the legitimate results of the presidential election. It is one of four criminal cases against him, and for the first time in history, the Supreme Court will decide the matter.
The Supreme Court announced on Wednesday that it will consider reviewing that argument from Trump. In a one-page order, the court said that oral argument on the matter would take place in the week of April 22. For now, the proceedings in the case remain paused while this point is litigated.
Setback for Special Counsel Smith
The court’s decision initially represents a setback for Special Counsel Jack Smith, who had urged the Court to reject Trump’s immunity claim. Trump faces four offenses in this case: conspiracy to defraud the United States, conspiracy to obstruct Congress and certify Joe Biden’s victory, obstruction of a congressional proceeding, and conspiracy against the right to vote.
Smith pressed for a speedy process if the claim were accepted. With a ruling potentially coming at any time after the April hearing, there would still be room for the Washington trial to proceed before the November presidential election, assuming a rapid timeline.
Trump remains the overwhelming favorite to secure the Republican nomination, and if he defeats Joe Biden on November 5 and returns to the White House, he could seek a pardon or install a new chief at the Department of Justice to drop the case.
Citizen Trump
Earlier this February, a panel of three federal appellate judges rejected Trump’s immunity arguments. In that ruling, the judges stated: “The former president Trump has become the citizen Trump, with all the protections afforded to any other criminal defendant… But any executive immunity that could shield him while in office no longer protects him against this indictment.”
The Supreme Court also examined this month a Trump appeal regarding a Colorado Supreme Court decision that barred him from appearing on state ballots due to his incitement of the Capitol insurrection. Although a decision has not yet been announced, during the oral argument the nine justices, including two of the three progressive members, signaled a tendency to overturn Colorado’s ruling.
In December, the Court also agreed to hear a case challenging prosecutors who have indicted hundreds of people for participation in the Capitol riot, arguing that federal obstruction laws used against Trump in Washington are being stretched too far.
Other Criminal Cases
Trump, facing a total of 91 criminal charges, is also indicted by Smith in a separate federal case in Florida over mishandling classified documents and obstructing that inquiry. In New York, the trial over falsifying documents to conceal payments in 2016 to hush adult film star Stormy Daniels is set to begin March 25 with jury selection.
The fourth case against him is the Georgia indictment over election interference in that state. That case could be the most damaging because, as a state matter, a presidential pardon would not apply. It has been shadowed by a potential conflict of interest: a romantic relationship between the district attorney, Fani Willis, and a lawyer she hired to assist her team, alongside allegations that Willis benefited financially from that arrangement, which could lead to disqualification of Willis.
These developments come as Trump fights on multiple fronts while navigating a sprawling legal landscape that could influence the 2024 race and the political future of the United States, with implications that extend beyond the courtroom and into the broader national debate on accountability and the rule of law.