Supreme Court to Hear Trump’s Immunity Claim, With Arguments Set for April
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The former president’s trial on charges of plotting to subvert the 2020 election will remain on hold while the justices consider the matter.
The Supreme Court on Wednesday agreed to decide whether former President Donald J. Trump is immune from prosecution on charges of plotting to overturn the 2020 election.
The justices scheduled arguments for the week of April 22 and said proceedings in the trial court would remain frozen while they considered the matter.
The court’s brief order said the court will decide this question: “Whether and if so to what extent does a former president enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office.”
The Supreme Court’s response to Mr. Trump’s bid for delay had taken on increasing urgency because its ultimate resolution would determine whether and how quickly Mr. Trump could go to trial. That, in turn, could affect his election prospects and, should he be re-elected, his ability to scuttle the prosecution.
In an emergency application asking the Supreme Court to intervene, Mr. Trump said a unanimous three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit had been wrong to rule that he may be criminally charged for his conduct as president. Total immunity for his official conduct, Mr. Trump’s application said, is required by the separation of powers, implicit in procedures for impeaching the president and needed to prevent partisan misuse of the criminal justice system.
“An absence of criminal immunity for official acts threatens the very ability of the president to function properly,” the filing said. “Any decision by the president on a politically controversial question would face the threat of indictment by the opposing party after a change in administrations.”
