Trump's Presidential Immunity Claim Under Supreme Court Review: 'It's So Fundamental To The Presidency'

The U.S. Supreme Court is preparing to review a case on Thursday that questions if former President Donald Trump can assert immunity from prosecution for actions carried out during his term in office.

What Happened: This case is the first of its kind where the Supreme Court is examining an appeal from one of Trump’s four criminal indictments. Trump’s defense, which claims immunity from prosecution even post-presidency, has been rejected by two lower courts previously, reported The Hill.

Three justices on the bench, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett, were nominated by Trump. However, the court’s verdict could potentially challenge Trump’s assertion that he should not be prosecuted.

Critics argue that a ruling favoring Trump could disrupt the balance of power in the U.S., giving undue authority to presidents during and after their term. Conversely, Trump maintains that the presidency cannot operate without immunity, as it would expose officeholders to extortion and unfair retribution.

“It's so fundamental to the presidency, where a president is truly trying to corrupt the system and perpetuate himself in office,” said John Dean, former White House counsel to President Richard Nixon, according to the report.

Jack Smith, the special counsel leading the federal prosecutors, argues that presidents, like all citizens, should be accountable for their actions. He dismisses the idea that this would weaken presidential power.

See Also: What Happens If Trump Gets Convicted? Will He Go To Prison? — Here’s How It’s Likely To Play Out

The Supreme Court’s decision timing could greatly affect the progress of Trump’s other criminal cases, particularly if he regains the presidency in the forthcoming election. The case is also being monitored for its potential impact on the scheduling of Trump’s trials.

Legal experts have observed that the lower courts’ strong disapproval of Trump’s arguments might suggest a similar reaction from the conservative-majority Supreme Court. The justices’ position will become more apparent when they convene on Thursday.

Why It Matters: Trump’s Supreme Court case, focusing on presidential immunity amid criminal charges for election interference, had strategic implications. While the Court might not fully support Trump’s immunity claim, a redirection to a lower court, potentially delaying proceedings, aligned with his interests. The case, involving false election certificates submitted by Trump, could have seen further delays and nuanced rulings regarding presidential immunity.

Adding to the complexity, Trump’s request to attend the Supreme Court arguments was denied amidst his ongoing hush money trial in New York, as reported by Benzinga earlier this month.

Photo courtesy: Shutterstock

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