On Wednesday, the U.S. Supreme Court agreed to hear oral arguments and decide former President Trump’s claim of presidential immunity from criminal prosecution for his role in trying to overturn the 2020 election. The lower court’s rejection of Trump’s immunity claim is put on hold, along with his criminal case pursued by Special Counsel Jack Smith, until the Supreme Court decides whether the former president is immune from prosecution for his actions “aimed at reversing President Joe Biden’s election victory over him.” Let’s get into the details.
Background
The Supreme Court justices will hear oral arguments in April to consider the unanimous ruling from the U.S. Court of Appeals for the D.C. Circuit that earlier this month “rejected Trump’s sweeping assertion of immunity from prosecution” for his role in the Jan. 6 riots and attempt to overturn the 2020 Presidential Election. Until the justices decide, “Trump’s pretrial proceedings in D.C. will remain on hold until a ruling is issued, putting the Supreme Court in the politically fraught position of influencing the timing of an election obstruction trial for the leading Republican presidential candidate.” For more details on Trump’s immunity claim and what lower courts previously decided, dive into our previous blog post on the matter.
What Does the Supreme Court’s Decision to Hear the Case Signify?
Many experts say that the Supreme Court’s decision to hear Trump’s case signals a victory for the Trump campaign “as it increases the chances that his trial may not happen before November’s presidential election.” A minimum of four of the nine justices voted to take up the case, which suggests “that there is some debate within the court on whether Mr. Trump has some immunity from prosecution.”
In a brief, unsigned order issued by the High Court, the justices stated they were not “expressing a view on the merits” of the case and “would only consider 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.” Some experts had previously predicted that “at least the required four justices would want to weigh in on whether presidential acts can be criminally prosecuted — a question Trump has also raised in his separate Florida and Georgia trials.”
Broader Implications for the 2024 Presidential Election
The Court decided to hear oral arguments in late April, which means a potential criminal trial against Trump could be closer to Election Day or even after elections are held. Many see the Court’s decision to take up the case as a victory for Trump –as it helps him delay a criminal case against him and fosters “immediate uncertainty into the legal and political calendar over the next several months.” How the court decides Trump’s immunity claim will determine whether there’s enough time for the criminal case to go to jurors before the November presidential election.
Further, the speed with which the Supreme Court issues its ruling will determine how early or late a trial against Trump could start. If the justices rule quickly and the decision is against the former president, Trump’s criminal trial could begin by late summer or early fall. Whether this would be enough time for a trial to proceed to a verdict before the election is yet to be determined. Currently, “the case has been on hold while Trump pursues his immunity appeals, meaning no pretrial preparations have been taking place since last December.”
According to AP News, the U.S. District Judge presiding over the criminal trial –Honorable Tanya Chutkan, “is expected to give prosecutors and defense attorneys at least three months to get ready for trial if the case returns to her court…[and] the trial is likely to take months, meaning it would likely threaten to run up against the election if it doesn’t begin by August.” If the Supreme Court decides to rule in Trump’s favor, the court could dismiss the criminal trial altogether, clearing the way for Trump to pursue a second term in the White House.
The stakes are high, and the clock is ticking with all eyes on the Supreme Court as it hears this consequential case that could decide the future of the 2024 presidential election –and the trajectory of politics in the United States –for years to come. “The issue is one of first impression for the Supreme Court since no former president has ever faced criminal charges.” The justices are set to hear oral arguments the week of April 22, so check back with the blog as we continue to follow this developing story.
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Sources:
https://www.bbc.com/news/world-us-canada-68431830
Music: Disruptor’s Dance by Anka Mason
Blog Narration: Anka Mason
