The final case the Supreme Court justices will hear of their 2023-24 term involves former President Donald Trump arguing for immunity from prosecution on charges of conspiracy to remain in power after his loss to Joe Biden in the 2020 election. This case has implications that can greatly impact presidential power for the future. Trump has warned of significant dangers to the US if he does not have immunity from prosecution.
The case began when special counsel Jack Smith brought criminal charges against Trump, accusing him of spreading false claims of voter fraud and conspiring to prevent the lawful certification of Electoral College votes. Trump’s legal team argues that he was simply fulfilling his duties as president to protect the election and that actions like his phone call with Georgia’s Secretary of State were lawful. Smith’s team argues that Trump’s actions were an attack on the system of government and should not be immune from prosecution.
Lower courts have ruled against Trump, stating that his actions after the election were unprecedented and went beyond the scope of his duties as president. The Supreme Court has agreed to hear Trump’s appeal, which puts the case on hold until the immunity question is resolved. There is skepticism regarding whether Trump will win the case, with experts believing that the court may qualify presidential immunity rather than completely exonerating Trump.
Trump’s legal team has been trying to delay the case in the hopes of preventing it from going to trial before the 2024 election. If Trump wins the election, he could order the case to be dropped, which is an unprecedented move. The Supreme Court declined to fast-track the case, and there is the possibility that it could be sent back to a lower court to address issues such as what constitutes official acts for presidential immunity.
The court has also declined to consider Trump’s argument of double jeopardy related to his impeachment stemming from the Jan. 6 Capitol riot. Previous cases involving former presidents and immunity have set a precedent for addressing these issues in court. Trump is the first president to face criminal charges following his time in office, with multiple indictments in various jurisdictions. The Supreme Court’s ruling on immunity could have long-lasting implications for presidential power and accountability.
