Title: The Supreme Court’s Decision to Hear Trump’s Immunity Claim: A Lengthy Election-Year Controversy
The United States Supreme Court’s decision to hear former President Donald Trump’s claim for immunity from criminal prosecution has kept the justices at the center of election-year controversy for several more months. This development ensures that any verdict on Trump’s alleged subversion of the 2020 vote will not come before summer.
Reason for the Supreme Court’s Involvement:
The country’s highest court is determined to have the final say on Trump’s assertion of immunity, even if it ultimately affirms a comprehensive ruling from lower federal courts that rejected Trump’s sweeping claim.
Implications for Trump:
For Trump, the Supreme Court’s intervention in the case, Trump v. United States, is another win from the justice system he frequently criticizes. It also marks another milestone in the complicated relationship between the court and the former president.
Background:
Trump’s policies and personal dealings have consistently generated controversy among the justices. At the same time, Trump, who appointed three of the nine justices, significantly influenced the court’s shift to the right. This impact was most notably seen in its 2022 reversal of nearly a half-century of abortion rights and reproductive freedom.
Case Timeline:
The high court’s action gives Trump a new measure of success and buys him more time before possible trial on election subversion in Washington, DC. The appeal will be heard the week of April 22, with a decision expected by the end of June when the final rulings for the current session are due.
Political Implications:
The new timetable adds uncertainty to the political calendar and Trump’s effort to avoid federal trial before the presidential election. There is a strong likelihood that Trump may not be tried for conduct related to the 2020 election before the 2024 election occurs.
Delayed Decision:
The delay in delivering Wednesday’s announcement suggested differences among the justices on how to handle the controversy at this initial stage. Some may have wanted to leave the DC Circuit decision in place, which adhered to past Supreme Court rulings.
Charges against Trump:
Trump was indicted last year on charges related to his refusal to accept the 2020 election results, which include conspiracy and obstruction charges tied to protests that culminated in the January 6, 2021, attack on the US Capitol.
Special Counsel’s Perspective:
Special counsel Jack Smith urged the justices to let the DC Circuit decision against presidential immunity stand and allow the case to go to trial, stating that the charged crimes strike at the heart of democracy.
Immediate Action Request in December:
In December, Smith urged the justices to immediately take up the case without intermediate court action due to the long resolution time at the Supreme Court. Trump’s trial before US District Court Judge Tanya Chutkan, who had rejected his claim of absolute immunity, was scheduled for March 4 at that time.
Involvement of Trump’s Lawyers:
Trump’s lawyers invoked Smith’s words from his December filing when they urged the justices to intervene, emphasizing that “only this Court can definitively resolve [Trump’s] claims of immunity.”
DC Circuit Opinion:
The DC Circuit opinion in Trump v. United States, which took about a month to produce, meticulously covered relevant precedent and concluded that former President Trump has become an ordinary criminal defendant with no executive immunity protection against this prosecution.
Prospects of Success:
Based on existing precedent, Trump may lack a fair prospect of success in his broad claim that would shield him from any criminal prosecution. However, Wednesday’s action demonstrates that a majority of the justices were willing to hear Trump out.
Impact on the Supreme Court:
The Trump litigation this session will be defining for the court, as its slate for the annual 2023-2024 session already includes several important disputes. Such cases have been somewhat overshadowed by the Trump-related litigation.
Future Criminal Trials:
Trump’s first criminal trial is expected to take place in New York on March 25, where he faces a 34-count indictment for falsifying business records. The trial is expected to last six weeks and bring Trump’s legal team into early May. A federal case in Florida against Trump over his alleged mishandling of classified documents has been tentatively scheduled for May 20.
Trump’s Social Media Response:
On Wednesday, Trump was celebrating the Supreme Court’s action on Website social media integration, contending that “legal scholars are extremely thankful” and reinforcing his pattern of highlighting court actions that benefit him. However, if the justices ultimately deny him immunity from trial, he may behave differently, as he did in 2020 when the court majority turned against his administration.
Trump’s Question on Twitter: “Do you get the impression that the Supreme Court doesn’t like me?”
