Supreme Court to Decide Trump's Immunity from Prosecution for Acts While in Office

The Supreme Court has agreed to decide whether former President Donald Trump is entitled to broad immunity from prosecution for acts allegedly committed while in office. The decision could have major ramifications for the federal criminal cases against him. The court, which has a 6-3 conservative majority, will hear arguments in the case during the week of April 22. Its order indicates that proceedings in the case will remain on hold until it issues a decision, expected by the end of June.

Blockbuster Election-Year Showdown

The intervention from the court marks the second time in a month that the justices have weighed in on a case with tremendous implications for the former president. Earlier in February, the court heard arguments over whether Trump can be excluded from Colorado's primary ballot over his actions surrounding the attack on the Capitol on Jan. 6, 2021.

Unprecedented Decision

The court has never before decided whether a former president is immune from criminal liability for allegedly illegal acts committed while in office. 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.

Impact on Trump's Trial

It's unclear how much of an impact the court's decision to take up the case will have on the timeline for Trump's trial, since the justices could rule swiftly after hearing arguments. Proceedings have been paused to allow the former president to pursue his appeal on the immunity issue. U.S. District Judge Tanya Chutkan, who is presiding over the case, scrapped the initial trial date of March 4 to let the appeals process play out.

Legal Battle

Trump's lawyers claimed that forcing him to stand trial during the election season threatened both his First Amendment rights and those of voters "who would hear and consider President Trump's campaign speech as they reflect on how to cast their ballots in November." However, special counsel Jack Smith stressed the public interest in holding the landmark trial this year.

Special Counsel's Argument

Calling Trump's position "unprecedented," Smith said Trump's claim that he is absolutely immune from criminal charges tied to conduct falling within his official duties is not supported by constitutional text, separation-of-powers principles, history or logic. The crimes Trump is alleged to have committed, stemming from what prosecutors claim is his efforts to subvert the transfer of presidential power, "strike at the heart of our democracy," according to the special counsel.

Appeals Court Decision

A three-judge panel on the U.S. Court of Appeals for the District of Columbia Circuit rejected Trump's claim of sweeping immunity on Feb. 6. He then asked the Supreme Court to put that decision on hold and allow him time to seek review from the full appeals court.

Rejection of Trump's Claim

The ruling issued by the D.C. Circuit panel rejected Trump's assertion that he should be shielded from criminal charges because the conduct alleged in the federal indictment occurred while he was in office. The judges wrote that they "cannot accept former President Trump's claim that a president has unbounded authority to commit crimes that would neutralize the most fundamental check on executive power — the recognition and implementation of election results."

Trumps's Other Prosecution

Trump faces a total of 91 charges across four different prosecutions, including two state cases. He has pleaded not guilty to all counts.

Other Cases the Supreme Court Will Hear

In addition to the issue of presidential immunity, the Supreme Court also took up a challenge to Trump's eligibility for the primary and general election ballots in Colorado. The court has not yet issued a ruling in that case. The justices will also hear arguments April 16 in a case challenging the reach of a federal obstruction law that has been used to prosecute scores of defendants in connection to the Capitol attack and which Trump is charged with violating.