Friday, May 24, 2024

The Supreme Court’s Decision on Mr. Trump’s Immunity Claim

The Supreme Court’s decision on Friday not to fast-track consideration of former President Donald J. Trump’s claim that he is immune to prosecution on charges of plotting to overturn the 2020 election was unquestionably a victory for Mr. Trump and his lawyers.

The choice by the justices not to take up the issue now — rendered without explanation — gave a boost to the former president’s legal strategy of delaying the proceedings as much as possible in the hopes of running out the clock before Election Day.

It is not clear, however, that the decision holds any clues to what the Supreme Court might think of the substance of his immunity claim. And the degree to which it pushes off Mr. Trump’s trial will only be determined in coming weeks as the clash over whether he can be prosecuted plays out in the federal appeals court in Washington — and then perhaps makes its way right back to the justices.

What issue is Mr. Trump appealing?

Mr. Trump is attempting to get the entire indictment against him tossed out with an argument that has never before been tested by the courts — largely because no one else has ever made it this way. He is claiming that he is absolutely immune to criminal prosecution on the charges of election interference because they stem from acts he took while he was in the White House.

Judge Tanya S. Chutkan, who is handling the underlying case in Federal District Court in Washington, rejected that claim earlier this month in a decision that found there was nothing in the Constitution or American history supporting the idea that the holder of the nation’s highest position, once out of office, should not be subject to the federal criminal law like everybody else.

Mrs. Trump appealed the decision to the first court above Judge Chutkan’s: the U.S. Court of Appeals for the District of Columbia Circuit.

Where will the case be heard now?

The appeals court in Washington will hear the immunity matter…

(Truncated due to 500-word limit)

Check out our other content

Check out other tags:

Most Popular Articles