Trump has made claims of presidential immunity in two other criminal cases (File)
The U.S. Supreme Court on Thursday hears arguments over Donald Trump’s claim that he enjoys broad immunity from criminal prosecution for actions he took as president, a claim that has delayed for months a case accusing him of trying to overturn his defeat. in 2020.
Here’s a look at why Trump’s allegations delayed a trial and what’s likely to happen next:
Why did the immunity appeal delay the electoral subversion case?
The federal case brought by special counsel Jack Smith accusing Trump of trying to overturn his election defeat — one of four criminal cases the Republican presidential candidate faces — has been on hold since December while the immunity argument plays out.
Criminal defendants generally cannot appeal court rulings until after trial if they are convicted, but Trump was able to file an immediate appeal because the immunity argument concerns whether or not he should face trial.
U.S. District Judge Tanya Chutkan, who is overseeing the case, granted Trump’s request for a pause while his appeal plays out, and prosecutors acknowledged the issue would need to be resolved before Trump could face a jury.
The March 4 trial initially scheduled for the case has been postponed; no new date has been set.
Why is Trump seeking delay?
If Trump wins the November 5 election, he could order the US Department of Justice to drop his election subversion case, and another case involving the misuse of confidential documents after he leaves the White House. He could also try to use his powers as president to pardon any federal crimes.
Postponing the trial until after the election would also prevent voters from hearing potentially damaging testimony about Trump’s refusal to accept his 2020 defeat and his attempts to cling to power.
How could the Supreme Court rule?
If the majority of the Supreme Court, whose 6-3 conservative majority includes three Trump appointees, agrees with Trump’s claim, it could decide to dismiss the case in its entirety.
The justices could also adopt the position of the lower courts and conclude that Trump does not have immunity from the charges, setting the stage for a trial.
A third option would recognize that presidents may be protected from prosecution in some circumstances and would direct the lower court to determine whether that immunity applies to allegations against Trump.
That outcome could cause further delays as the trial judge decides whether parts of the prosecution’s case will need to be thrown out.
What happens after court decisions?
The court is expected to release its decision by June and, if it does not order the case to be dismissed, the prosecution will resume.
Chutkan, the judge, signaled that Trump’s legal team will likely have about three months to prepare his defense after that, which could leave Chutkan to decide whether to schedule a trial for September or even October — when early voting will be underway in some States.
Trump’s lawyers will likely argue that trying the case at the height of the presidential campaign would amount to election interference.
Prosecutors argued that the public has the right to a speedy trial.
The Supreme Court could throw another question into the case with its ruling in a separate case on whether a federal obstruction law applies to participants in the Jan. 6, 2021, attack on the U.S. Capitol. Two of the charges against Trump are related to that law and Trump’s role in the riot.
Prosecutors have argued that the charges against Trump could survive an even narrower interpretation of the law, but it will be up to the judge to decide what impact the Supreme Court’s opinion will have on Trump’s case.
Could the immunity ruling affect other criminal cases against Trump?
Trump has made claims of presidential immunity in two other criminal cases, a state case that accused him of trying to overturn the election results in Georgia and the federal case over the misuse of classified documents.
A ruling that Trump is entitled to some legal protection for official actions could complicate these cases. Prosecutors called Trump’s immunity argument in the classified documents case frivolous, noting that the charges relate to Trump’s conduct after he left the White House in 2021.
An opinion denying Trump’s immunity claim would eliminate a significant obstacle for prosecutors in both cases, weakening Trump’s attempts to further delay the trials.
The ruling would not affect the ongoing criminal trial in New York over hush money payments to a porn star, which does not involve official actions Trump took as president.
(Except the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)
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