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Supreme Court to decide today whether Trump has 'presidential immunity'What you need to know

Supreme Court to decide today whether Trump has 'presidential immunity'What you need to know

 



Top line

The Supreme Court is expected to decide Monday whether former President Donald Trump has immunity from criminal charges for certain actions taken while he was president, a major decision that could clarify one of the former president's most favored legal defenses, since Trump has claimed immunity in all four criminal cases against him.

Then-President Donald Trump addresses supporters from the Ellipse near the White House on January 6… [+] 2021, in Washington, DC.

AFP via Getty Images Key facts

The Supreme Court is expected to rule on whether former presidents can be criminally prosecuted for conduct that would be part of their official duties, as Trump has tried to have the federal case against him dropped for trying to overturn the 2020 election, arguing that he was immune since his actions challenging the results were taken while he was in the White House.

The ex-president hasn't had much luck with his immunity defense so far: A panel of appeals court judges rejected Trump's argument, ruling that former President Trump is become a Trump citizen, with all the defenses of any other criminal defendant, and a U.S. district judge. Tanya Chutkan said Trump's mandate does not give him the divine right of kings to escape the criminal accountability that governs his fellow citizens.

In addition to the federal election case, Trump also argued that the charges against him in Georgia should be dropped because he has immunity, making a similar argument as in the federal election case , as well as his federal charges regarding alleged mishandling of classified documents, as he maintains that he decided to designate the files [he brought back to Mar-a-Lago] as staff while he was still in office.

He also unsuccessfully tried to use that argument to delay his criminal trial earlier this year in New York, asking to stay the trial until the Supreme Court ruled because he believed prosecutors might present statements he made in 2018 that Trump said could be covered by the president's immunity deal.

The DOJ has long held that presidents cannot be criminally charged while in office, arguing in a memo that doing so would unacceptably undermine the capacity of the executive branch, and the Supreme Court ruled in the case Nixon v. Fitzgerald that presidents cannot be held liable in civil cases for actions they took as presidents. part of their official duties, although the high court separately concluded in Clinton v. Jones that presidents can be sued in civil court for actions taken before serving as president.

The question of whether former presidents can be criminally prosecuted for acts committed while they were in the White House, however, remains unresolved, and this will be the first time the Supreme Court has ruled on the issue.

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When will Trump's election case go to trial?

The Supreme Court’s decision on Monday will determine when Trump’s federal election case can go to trial, and whether it will go to trial at all. The case has been on hold while the immunity dispute plays out, and the justices’ delay in issuing their ruling on Trump’s immunity has lengthened the potential timeline for the trial. Legal experts have speculated that if the Supreme Court rules that Trump does not have immunity and the case can move forward immediately, the earliest the trial could begin is October, which would not be soon enough for a verdict before Election Day in November. The justices could also issue a ruling sending the immunity issue back to lower courts before the case can start moving forward again, which would drag out the proceedings even further. If that happens, which the justices signaled during oral arguments, it could drag out the case long enough that if Trump is elected president, he could appoint DOJ officials to drop the charges against him before the trial begins.

Crucial Quote

Trump's legal argument would collapse our system of separate powers by placing the president beyond the reach of all three branches, appeals judges wrote in their decision overturning Trump's motion to dismiss the federal election case . Presidential immunity from federal prosecution would mean that, as with the president, Congress could not legislate, the executive could not prosecute, and the judiciary could not review. We cannot accept that the office of president places its former occupants above the law forever.

Contra

Trump argued that the Constitution's impeachment judgment clause granted him immunity, which states that judgments in impeachment cases should not go beyond removal from office. The Justice Department noted that this means, according to Trump, that the president can only be charged by indictment in cases where the president has been impeached and convicted by a Senate trial. Subjecting presidents to criminal charges would violate the separation of powers between the branches of government, Trump argued, insisting that impeachment and conviction by the Senate is the exclusive method of prosecuting a president for crimes committed in the exercise of its functions. The ex-president also claimed that opening cases against former presidents would deter them from taking necessary actions while in office, and argued that presidents should be able to cross the line without potentially being prosecuted, even if They had to order the assassination of a political rival, Trump's lawyer told the Supreme Court.

Tangent

Federal court and appeals court judges have ruled against Trump in civil cases where he asserted immunity. The justices ruled that civil cases against Trump for allegedly inciting the January 6 revolt could proceed despite Nixon v. Fitzgerald precedent, saying Trump's efforts to overturn the election and allegedly encouraging his supporters to riot were not part of his official duties as president. They also rejected Trump's requests for immunity in writer E. Jean Carroll's defamation lawsuit against him.

Surprising fact

The Supreme Court has ruled against Trump’s legal immunity once before, concluding in 2020 that the then-president must comply with a grand jury subpoena for his tax returns. No citizen, not even the president, is categorically above the common duty to produce evidence when called upon in a criminal proceeding, Chief Justice John Roberts wrote for the court.

Chief Critic

The DOJ argued that Trump was not entitled to immunity from criminal charges, saying in its appeal to the Supreme Court that the text, structure and history of the Constitution did not support that claim. The DOJ says Trump's claims that impeachment is the only way to hold presidents accountable are not supported by history and collapse under the application of common sense. Whatever immunities a sitting president may enjoy, the United States has only one chief executive at a time, and that position does not confer freedom from prison for life, they argued. prosecutors.

Key context

Trump has been indicted on four counts related to his efforts to overturn the 2020 election, one of four criminal cases pending against the former president and one of two involving the 2020 election, along with the Georgia case. The former president could face prison time if convicted. Trump’s immunity motions in the four cases against him align with a broader tactic by the former president to delay criminal cases before they go to trial, particularly after the 2024 election, which, if he is reelected, could lead him to appoint Justice Department prosecutors who would drop his federal charges and further delay his trial in Georgia. Only his Manhattan criminal case on charges stemming from bribe payments has gone to trial so far, resulting in Trump being convicted on 34 counts.

Trump Asks For Delay In Stormy Daniels Hush Money Case Due To Presidential ImmunityBy Ana FaguyForbesTrump Asks Georgia To Drop Charges Based On 'Presidential Immunity'By Alison DurkeeForbesCourt Rules 'Presidential Immunity' Doesn't Get Trump Off Jan. 6 Allegations — AgainBy Alison Durkee

Sources

1/ https://Google.com/

2/ https://www.forbes.com/sites/alisondurkee/2024/07/01/is-trump-exempt-from-criminal-charges-what-to-know-about-ex-presidents-immunity-claims-as-supreme-court-rules-today/

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