On Wednesday, the United States Supreme Court agreed to decide if former President Donald Trump is protected under presidential immunity for his alleged crimes in the 2020 election interference case. According to the Supreme Court’s filing, it will answer the question of “Whether and if so to what extent does a former President enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office.”
Proceedings in the D.C. trial court have been paused while the higher court makes its decision. Oral arguments have been scheduled for April 22, making a decision likely to be announced by late June, during the end of the court’s term. The Supreme Court’s announcement came after Special Prosecutor Jack Smith, who is overseeing the federal prosecution, previously asked the higher court to make a decision by March.
Whereas Trump asked a decision be made at the court’s usual pace “and to consider the case only after he asked the full U.S. Court of Appeals for the District of Columbia Circuit to review the decision of a unanimous three-judge panel, which had rejected his claim of absolute immunity,” per The New York Times.
Earlier this month, the three-judge panel that denied Trump’s immunity claims said that Trump would be prosecuted as a citizen, taking away his presidential immunity. Smith’s team claimed that Trump’s role in the 2020 election interference was not a part of his official duties.
Following the Supreme Court’s announcement, Trump posted to Truth Social sharing his opinion on presidential immunity:
“Without Presidential Immunity, a President will not be able to properly function, or make decisions, in the best interest of the United States of America. Presidents will always be concerned, and even paralyzed, by the prospect of wrongful prosecution and retaliation after they leave office. This could actually lead to the extortion and blackmail of a President.”
This is the second time the Supreme Court has agreed to make a decision regarding Trump’s legal issues. On Feb. 8, the justices heard oral arguments over whether states can remove Trump from the 2024 presidential ballots.
With a 6-3 conservative majority, it is unclear what decision will be made regarding Trump’s immunity. “The court has never before decided whether a former president is immune from criminal liability for allegedly illegal acts committed while in office, per CBS News. “Trump is the first former president to be indicted, and he has pleaded not guilty. The high court has, however, said that a president is entitled to absolute immunity from civil liability for official acts.”