Former President Donald Trump has petitioned the Supreme Court to halt a lower court’s decision denying him immunity from prosecution while in office. Trump’s claim of immunity was challenged in a case involving election interference during his presidency. Despite his assertion that he couldn’t be prosecuted for actions taken while president, three lower court judges disagreed, asserting that he should be subject to prosecution like any other citizen.
In a bid to delay potential legal proceedings, Trump’s legal team argued that holding a trial during an election campaign would severely disrupt his ability to campaign against his political opponent. They stated in their filing, “Conducting a months-long criminal trial of President Trump at the height of election season will radically disrupt President Trump’s ability to campaign against President Biden.”
The Supreme Court is now tasked with determining whether to suspend the ruling to permit Trump to pursue an appeal. Granting Trump’s request could significantly postpone the landmark criminal case, which accuses him of unlawfully attempting to overturn the 2020 election, possibly until after the November election. Conversely, if the Supreme Court rejects the stay, the federal trial overseen by Judge Tanya Chutkan will likely proceed, potentially in the spring.
As Trump continues his political ambitions, he faces three additional criminal trials. Charges in Georgia allege an attempt to overturn the 2020 election results, while a seven-count indictment in Florida concerns his handling of classified documents post-presidency. The third trial, in New York, relates to the alleged concealment of a payment to adult film star Stormy Daniels. Trump has pleaded not guilty to all charges.
Trump’s legal team has persistently sought to postpone his criminal trials until after the 2024 election. In the election interference trial, Trump faces four charges, including conspiracy to defraud the US and obstruction of an official proceeding. Despite his denials of wrongdoing, his lawyers argue that presidents are immune from prosecution for crimes committed while in office, even after leaving the White House.
Recently, a three-judge panel from the DC Circuit court rejected this immunity argument, stating that “any executive immunity that may have protected him while he served as president no longer protects him against this prosecution.” Now, Trump’s lawyers are urging the Supreme Court to intervene by suspending the lower court’s ruling to allow time for a full review by all active judges on the DC Circuit court.
They cautioned that denying immunity to former presidents would establish a precedent leading to more frequent prosecutions, potentially altering the nature of the presidency. Trump’s legal team emphasized, “Without immunity from criminal prosecution, the Presidency as we know it will cease to exist.”
Depending on the Supreme Court’s response, several outcomes are possible. The court could reject Trump’s request for a stay, leading to the resumption of the federal trial. Alternatively, they could deny his appeal for a review, effectively dismissing his immunity argument. Another option is for the Supreme Court to expedite Trump’s appeal, akin to a separate case regarding his eligibility for the 2024 election ballot.
The timing of the Supreme Court’s decision remains uncertain. Last year, the court declined a request by Special Counsel Jack Smith for an expedited ruling on Trump’s immunity claim. As such, the timeline for the court’s ruling on Trump’s current request is unclear.
