In a stunning transfer, the Supreme Court docket introduced on Friday that it’s going to not hear Donald Trump’s declare that he’s immune from prosecution for attempting to steal the 2020 election.
It’s a great victory for Trump, as his felony trial for his try to stay in workplace after dropping that election is at present on pause till this immunity query works its approach by way of the appellate course of.
Trump’s technique since particular counsel Jack Smith introduced a pair of federal indictments in opposition to him earlier this 12 months has been to attempt to delay his trials as a lot as attainable. If Trump is elected president this November, he’ll achieve command and management over the Justice Division, and may order it to drop the felony costs in opposition to him.
Six of the 9 justices are Republicans, and three had been appointed by Trump himself. The Court docket didn’t clarify its determination to keep away from this difficulty. The entirety of the Court docket’s Friday order within the case, appropriately named United States v. Trump, states that “The petition for a writ of certiorari earlier than judgment is denied.”
Smith requested the Supreme Court docket to bypass a federal appeals courtroom and resolve whether or not Trump is immune from prosecution as rapidly as attainable — in order to elevate the pause on Trump’s felony trial. By rejecting this request, the GOP-controlled Supreme Court docket helps Trump run out the clock.
Usually, trial courts lose jurisdiction over a case whereas that case is on enchantment. Choose Tanya Chutkan, the trial choose listening to Trump’s election theft case, agreed that this prosecution should be placed on pause till Trump’s immunity argument works its approach by way of the appellate courts.
The case is at present on enchantment for earlier than the US Court docket of Appeals for the District of Columbia Circuit — which implies that an incredible deal now rides on how briskly the DC Circuit can rule on Trump’s immunity declare and doubtlessly take away the maintain on permitting Trump’s felony trial to maneuver ahead. The DC Circuit is scheduled to listen to oral arguments on January 9.
If the DC Circuit strikes rapidly and guidelines in opposition to Trump, and the Supreme Court docket doesn’t additional sabotage Smith’s case by deciding to maintain the prosecution on pause whereas it evaluations the DC Circuit’s determination, then Trump might nonetheless doubtlessly be tried and convicted earlier than the Republican Occasion chooses its 2024 presidential candidate.
However, if nothing else, Friday’s Supreme Court docket order advances Trump’s objective of delaying his trial into oblivion.
Trump’s immunity arguments on this case are additionally fairly audacious. He claims that the Structure affords him “absolute immunity from felony prosecution for actions carried out inside the ‘outer perimeter’ of his official accountability” whereas he occupied the White Home.
Though presidents get pleasure from pretty broad immunity from civil lawsuits, Trump’s declare that he’s immune from felony costs is kind of novel. As Chutkan mentioned in an opinion concluding that Trump will not be immune from prosecution, “no courtroom — or some other department of presidency — has ever accepted” the concept presidents are free to commit crimes.
Certainly, the implications of Trump’s arguments are breathtaking. If Trump is true that former presidents can’t be prosecuted for felony acts they dedicated utilizing their authority as president, then a future president could be immune from prosecution in the event that they ordered the FBI to, say, assassinate a political rival — or a Supreme Court docket justice, for that matter — and an FBI agent carried out this premeditated homicide on the president’s orders.
And but, the justices determined to not take away a severe obstacle to Smith’s efforts to prosecute Trump. Nor did they hassle to supply an evidence for why they determined at hand such a doubtlessly game-changing victory to the president who appointed half of the Court docket’s Republican majority.
