The Supreme Court will determine whether former President Donald Trump is immune from prosecution for his alleged role in attempting to overturn the 2020 election.
The court’s conservative majority, in a 6-3 decision, agreed to hear Mr. Trump’s arguments that he should be shielded from criminal liability.
This ruling is significant as it marks the first time the court will consider such a case. A US Court of Appeals panel had previously rejected Mr. Trump’s assertion of presidential immunity.
In the landmark legal case, Mr. Trump argued that he was immune from all criminal charges for actions he claimed were part of his duties as president.
But the appeals court ruled unanimously against the 77-year-old, writing that: “We cannot accept former President Trump’s claim that a president has unbounded authority to commit crimes that would neutralise the most fundamental check on executive power – the recognition and implementation of election results.”
He appealed the case to the Supreme Court and asked to put that decision on hold.
On his Truth Social site, Mr Trump welcomed Wednesday’s decision and contended that without immunity “Presidents will always be concerned, and even paralyzed, by the prospect of wrongful prosecution and retaliation after they leave office”.
“This could actually lead to the extortion and blackmail of a President,” he wrote.
Former President Donald Trump faces charges of witness tampering and conspiracy to defraud the US in federal court in Washington DC over his efforts to overturn the 2020 election results. Special counsel Jack Smith brought the charges and pushed for a trial this year.
The Supreme Court’s decision to hear Trump’s case suggests there is debate within the court about his immunity from prosecution. This decision could significantly delay the trial, originally scheduled for March. Arguments are set for the week of April 22, with any trial postponed until after a decision is made.
Justice Department guidelines limit prosecutorial action close to an election, creating a deadline of early September. If Trump wins the election, the case might never reach trial, as his Justice Department officials could drop the investigation or he could issue a self-pardon.
Additionally, Trump faces other federal and state criminal charges, including a trial starting in late March for falsifying business records related to hush-money payments to a porn star. The Supreme Court is also considering whether Trump can be disqualified from running for a second term under the 14th Amendment’s “insurrection ban.”
Trump has pleaded not guilty in all cases, dismissing them as political “witch hunts.”