Trump Urges Supreme Court to Grant Broad Immunity from Criminal Prosecution

Washington, April 2, 2023 - Former President Donald Trump is urging the Supreme Court to grant former presidents sweeping immunity from criminal prosecution for actions taken while in office. Trump's legal team argues that the "long history of not prosecuting" former presidents demonstrates that the power to do so does not exist.

Legal Argument for Immunity

In a 51-page filing, Trump's lawyer D. John Sauer urged the Supreme Court to reverse a lower court's decision and order the charges filed against Trump to be dismissed. Sauer emphasized that the consequences of the Supreme Court's decision on presidential immunity will extend beyond Trump and will affect the presidency itself for the rest of the nation's history. He warned that creating a rule that appears to be focused solely on President Trump would undermine the rule of law.

Special Counsel's Argument

Special counsel Jack Smith, who is prosecuting Trump, has argued that granting him immunity from criminal liability for efforts to overturn his electoral defeat "contravenes bedrock constitutional principles and threatens democracy itself." Smith is expected to submit a brief by April 8 to support this argument.

Consequences of the Supreme Court Decision

If the Supreme Court rules in Trump's favor, it would bring an end to the prosecution of the former president in Washington. However, if the court finds that Trump is not entitled to legal protections and allows the criminal case to proceed, it remains unclear whether a trial could take place before the 2024 presidential election.

Other Legal Battles

The consideration of the immunity issue has impacted other criminal prosecutions Trump is facing, including cases in New York and South Florida. In both these cases, Trump has pleaded not guilty and is seeking to dismiss the charges on the basis of immunity.

Trump's Arguments to the Supreme Court

Trump's legal team has argued that allowing a former president to face criminal charges would have ramifications for future holders of the office. They contend that the threat of future prosecution would cripple the current presidential decision-making and present a mortal threat to the presidency's independence.

Supreme Court's Other Cases Involving Trump

The high court has also taken up several other cases involving Trump, including a ruling regarding Trump's eligibility for the presidential primary ballot in Colorado and arguments on the reach of a federal obstruction law in relation to the January 6, 2021, attack on the U.S. Capitol.