In this article, we will address the ongoing debate about whether former President Donald Trump is immune from federal criminal charges against him for attempting to overturn the results of the 2020 presidential election. In a court filing submitted by the Department of Justice on Thursday, it stated that Trump’s opposition is “misleading” and incorrect.
Key Facts
Trump is trying to dismiss the federal criminal charges against him for attempting to change the results of the 2020 presidential election by claiming he has presidential immunity – a claim that federal Judge Tanya Chutkan rejected, noting that his presidency does not grant him “the divine right of kings to evade criminal accountability that governs his fellow citizens.”
Trump has appealed this ruling, and Chutkan has put the case on hold as a result, prompting the Department of Justice to request the Supreme Court to consider the dispute now, before the appellate court issues a ruling, to preserve Trump’s trial date in March 2024 as planned.
Trump vehemently opposes this request – having tried to delay his criminal trials until after the 2024 presidential election – arguing in his submission to the Supreme Court on Wednesday that the court should wait to consider the case, and that the Department of Justice only wants to expedite the case for “political” reasons.
The prosecutors responded in a court filing on Thursday, describing the political motives as “unjustified and incorrect,” stating that Trump is “charged with serious crimes” and that the prosecutors want the charges against him to be resolved “quickly and regardless of the outcome.”
Main Criticism
Trump’s lawyers have claimed that the Department of Justice’s request to expedite consideration of the case carries “a strong inference of political motives,” accusing Smith of attempting to “[ensure] that President Trump faces a lengthy criminal trial for months at a time when he is the leading candidate and the only competitor against the current administration.”
What to Watch For
If the Supreme Court decides to consider the case now, before the appellate court issues its ruling, the Department of Justice has asked it to resolve the case by the end of the Supreme Court’s term in June. It remains unclear whether it will issue a decision in time for the scheduled trial on March 4, 2024, but a ruling against Trump before the end of the Supreme Court’s term could at least ensure that the trial takes place before the general election in November.
If the court does not consider the case, it may revisit the issue again after the appellate court issues its ruling, although it is unclear when that will happen. Although the appellate court has set oral arguments for January 9, indicating a possible quick ruling, the Department of Justice noted on Thursday that Trump can still attempt to delay the case, as he would have 45 days after the court’s ruling to request the full appellate court to review the case, and then an additional 90 days afterward to ask the Supreme Court to reconsider it.
Background
Trump faces four federal criminal charges related to the election, which is one of four pending criminal cases against the former president and one of two related to his and his allies’ efforts to manipulate the 2020 presidential election, along with a separate indictment in Georgia. All carry the potential for prison time if convicted. Trump has pleaded not guilty to the charges and asserted that he is immune from them because his actions to try to overturn the election occurred while he was in the White House, which has become a common legal defense for the former president as the number of cases against him increases. Courts in civil cases linked to his role on January 6 have thus far declined to be persuaded by his arguments. An appeals court found in December that Trump’s post-election efforts to challenge the results were “informally and specifically as a candidate for office, not in his official capacity,” and that “actions taken informally cannot meet the standards for official immunity.” Although it remains unclear how the Supreme Court will rule, legal experts have predicted that the court may not be sympathetic to Trump despite its 6-3 conservative majority. “This court is conservative, but it is not committed to Trump,” said Barb McQuade, a law professor at the University of Michigan.
Reading
Additional
Does Trump have immunity from criminal charges? What you need to know about “presidential immunity” and whether the Supreme Court will hear the case. (Forbes)
The Justice Department takes Trump to the Supreme Court: asking the justices whether Trump is immune in the criminal case related to January 6. (Forbes)
Trump tells the Supreme Court not to consider the criminal case related to January 6 – at least not quickly. (Forbes)
Follow me on Twitter. Send me a secure tip. (Alison Durkee)
Editing and Printing Standards
Reprints and Permissions
Leave a Reply