Donald Trump Takes His Claim Of ‘Total Immunity’ From Prosecution To Supreme Court
WASHINGTON — Former President Donald Trump is now seeking total immunity from criminal prosecution for his role in the January 6th Capitol assault, taking his case to the U.S. Supreme Court. By doing so, Trump has temporarily halted any progress in his trial until the high court comes to a decision.
On February 6th, the Court of Appeals for the District of Columbia Circuit unanimously upheld the trial court’s ruling that Trump was not immune from prosecution for his actions leading up to and during the Capitol attack, which aimed to disrupt the transfer of presidential power after he lost the 2020 election. The appellate judges informed Trump that he must file a request for a stay with the Supreme Court by February 12th, further delaying the trial until the justices decide whether or not to take the case.
Trump argued before U.S. District Judge Tanya Chutkan and a three-judge panel of the appellate court that all actions taken by a president while in office should be immune from prosecution. He claimed that the only way a former president can be prosecuted is if they were first impeached and convicted by the Senate. However, both Chutkan and the appellate judges disagreed with this argument.
In their ruling, the appellate judges wrote, Former President Trump’s claimed immunity would have us extend the framework for presidential civil immunity to criminal cases and decide for the first time that a former president is categorically immune from federal criminal prosecution for any act conceivably within the outer perimeter of his executive responsibility.
Trump has also expressed his intention to ask the Supreme Court to review the substance of the appellate court ruling. If the Supreme Court were to side with Trump and overturn the appeals court decision, it would likely lead to the dismissal of the four-count election subversion case against him.
Trump’s legal battles don’t end there, as he continues to face three other criminal prosecutions. In Georgia, he has been indicted at the state level for attempting to overturn the election results. Additionally, he faces a federal indictment for refusing to hand over confidential documents he took with him to his South Florida country club after leaving the White House. Lastly, Trump is facing a New York state indictment, which accuses him of falsifying business records to conceal a $130,000 payment to a porn actor just ahead of the 2016 election.
Despite facing a total of 91 felony charges across these four cases, Trump remains the presumptive Republican nominee for the upcoming November elections.
It is worth noting that the Supreme Court declined to review the question of immunity back in December when special counsel Jack Smith requested an immediate decision on the matter. Consequently, Chutkan had scheduled Trump’s trial on conspiracy and obstruction charges to begin in early March. However, with the appeal now pending, the trial cannot move forward until a final decision is reached.
As the legal battle continues, Trump is hopeful that the Supreme Court, particularly its conservative majority which includes the three justices he appointed, will rule in his favor. These cases not only have significant ramifications for Trump personally but also for the scope of executive immunity for future presidents.
While this particular case may be temporarily on hold, Trump’s legal troubles persist as he fights against multiple allegations from various legal jurisdictions. The world watches as the legal system determines the fate of the former president and the precedents set for the highest office in the nation.
