Late Supreme Court ruling makes Trump trial on 2020 charges unlikely before election • Missouri Independent

WASHINGTON The U.S. Supreme Court has yet to rule on whether presidents have full criminal immunity, delaying one of the most important legal decisions in U.S. history and shutting down likely the door for former President Donald Trump to face trial for federal election interference before November.

Trump, the presumptive Republican presidential nominee who is embroiled in multiple criminal cases, already faces sentencing in July on 34 felonies in New York state for falsifying business records before the 2016 election.

The Supreme Court justices heard oral arguments in the immunity case on their last day in office, April 25, and have held the case in their hands since late February.

The opinions are expected to be issued Thursday and Friday, but the court is not revealing which ones in advance. Trump is expected to debate President Joe Biden on Thursday evening at CNN's studios in Atlanta, with the presidential campaign in full swing.

The question before the court is whether U.S. presidents are immune from criminal prosecution for any official acts performed while in the Oval Office.

Trump took the case to the Supreme Court after a lower court in January rejected his claim that he should not face federal charges alleging he plotted to overturn his presidential election defeat in 2020 by knowingly spreading lies, conspiring to create false voter rolls in multiple states, and encouraging his supporters. who violently attacked the US Capitol on January 6, 2021.

In December, Justice Department special counsel Jack Smith urged the Supreme Court to leapfrog the appeals court and expedite a ruling on presidential immunity. At the time, Trump’s election subversion trial was still set for March 4. The justices rejected Smith’s request.

De facto immunity

Supreme Court critics accuse conservative justices, including three Trump appointees, of deliberately delaying the decision to prevent Trump from taking a seat on the court before the November election.

By preventing a trial before the election, they effectively granted him immunity, regardless of the substance of the ruling that might eventually be made, Michael Podhorzer, president of the Defending Democracy Project, told the States Newsroom on Wednesday. .

The anti-Trump advocacy organization is closely following the former president's legal cases.

Podhorzer criticized the judges for not taking up the case in December.

They then waited as long as they could to make a decision and they created this crisis. They are in some way weighing on the balance of this election, he said.

Definition of official acts

The justices appeared skeptical in April when Trump lawyer D. John Sauer argued for a broad definition of what constitutes the president's official acts.

He said almost anything done during a presidential term would be considered an official act, including Trump's efforts to interfere with Congress' certification of the results of the 2020 presidential election.

In stunning moments throughout Trump's appeal, Sauer argued before Supreme Court justices and a lower appeals panel that presidents could order the assassination of a political rival without having to issue a ruling. legally accounted for, that is, if he were not first impeached by the United States House of Representatives and convicted by the Senate.

Trump and supporters of the presidential immunity argument argue that allowing criminal prosecutions of former presidents would open a Pandora's box of political targeting by his opponents.

They also accuse Smith of political interference for bringing charges against Trump as he was considering a second term. Smith announced the four-count indictment in early August 2023.

Meanwhile, opponents of such immunity, including several who served in previous Republican administrations, warn of terrifying possibilities if a president were freed from the threat of criminal liability.

Several conservative justices have suggested that the case should be sent back to lower courts, where a clear line can be drawn between official acts and private conduct.

That could take weeks or months, further diminishing any chance that Trump's election interference trial will take place before the November election.

Podhorzer said that a further delay would set up a confrontation between the normal functioning of the criminal justice system, which would lead to trying Trump, (and) the normal functioning of our presidential elections in which nothing would impede Trump's ability to campaign.

All proceedings in lower courts have been stayed until the Supreme Court renders its decision.

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