Donald Trump is resolute about evading accountability prior to the general election, and, thus far, the U.S. Supreme Court is aiding him.
Trump lacks any legal basis to stall a decision in his request for presidential immunity. Despite this, Trump has been trying to impede the immunity appeals process, aiming to delay the trial date, potentially shifting it to a time when, as president, he could influence the Department of Justice and potentially halt the prosecution entirely. The Supreme Court has disgraced itself by participating in this, even though the singular issue at hand is presidential immunity. Conversely, Special Counsel Jack Smith has both legal and policy support in his favor for a speedy determination on immunity and a prompt trial thereafter. Nevertheless, the Court has disregarded all of this.
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The high court’s decision to set the oral arguments for April 25, as reported, and anticipate a ruling by the end of its June term, comes despite the appeals court’s February 6 rejection of Trump’s immunity argument. The delay potentially pushes any trial well into the election season, raising questions about the feasibility of conducting a trial before November’s Election Day.
Former President Trump is facing multiple legal battles, with charges that include conspiracy to defraud the United States and obstruction of an official proceeding, as well as separate cases in Georgia and New York. In the D.C. case, the appeals court dismissed Trump’s claim of immunity “for the purpose of this criminal case,” asserting that citizen Trump should have the defenses of any other criminal defendant, regardless of his former presidential status.
However, Trump’s legal team has argued that without presidential immunity, a president will not be able to function effectively due to concerns of wrongful prosecution after leaving office. This stance echoes Trump’s social media statements, where he claimed that presidents would be “paralyzed” by the prospect of prosecution.
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On the other side, Special Counsel Jack Smith has emphasized the urgency of resolving the charges promptly, citing the public interest in a “speedy and fair verdict” that is of “unique national importance.” The Supreme Court’s current conservative majority, including three Trump appointees, has previously ruled against Trump in other recent cases.
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Delays in legal proceedings have become a strategic element for Trump, who faces over 100 felony counts across four indictments. In New York, his hush-money trial has been put on hold, while in Florida, Trump’s classified documents trial may also be delayed. The possibility of a trial happening before the election has become more uncertain, providing Trump with the prospect of directing the Justice Department to drop federal cases or attempting to pardon himself if he were to win the presidency again.
