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Mar 8, 2021 · Both a federal judge and the Chicago-based 7th U.S. Circuit Court of Appeals rejected the claims, noting in part that Trump had waited too long to sue. Trump government appointee charged,...
- Overview
- The appeals process
- Trump's immunity claim
Washington — The Supreme Court on Friday declined for now to take up a landmark case over whether former President Donald Trump is absolutely immune from prosecution for alleged crimes committed while he was in office, a move that allows the appeals process to play out first.
The court issued a one-line, unsigned order denying the request from special counsel Jack Smith: "The petition for a writ of certiorari before judgment is denied." There were no noted dissents.
The Supreme Court's decision Friday is a blow to Smith and his team of prosecutors, who have pushed the courts to move quickly to hold trials in the Washington case and the second prosecution in Florida before the presidential election swings into full gear. Trump's attorneys, meanwhile, have urged the courts to delay the trials until after the election.
The special counsel's office declined to comment on the court's decision.
The high court's rejection paves the way for the U.S. Court of Appeals for the District of Columbia Circuit to rule first on whether the former president can be prosecuted for allegedly attempting to thwart the transfer of presidential power after the 2020 presidential election. The move does not preclude the losing party — Trump or Smith — from seeking the Supreme Court's review again after the appeals court makes its determination.
"Looking forward to the very important arguments on Presidential Immunity in front of the DC Circuit Court of Appeals," Trump wrote Friday.
But it could impact the timing of the trial, which is set to begin March 4 in Washington, D.C., depending on how quickly proceedings in the appeals court play out. The D.C. case has been paused while Trump pursues his appeal, and whether the prosecution can move forward hinges on the outcome of the dispute over his immunity claim.
A three-judge panel on the appeals court is already moving with unusual speed to take up the matter, with arguments scheduled for Jan. 9. If the panel sides with Smith and finds Trump is not immune, the former president could then appeal that decision to either the full appeals court, or ask the Supreme Court to review the case at that point. Smith could do the same if the court sides with Trump. If the Supreme Court declines, the appellate court's decision will stand. If the justices agree to take it up, they will have the final say. Smith's prosecution will either be able to move forward, or Trump will be immune from prosecution for acts he committed while in office.
The current dispute arrived at the nation's highest court on the heels of a decision from U.S. District Judge Tanya Chutkan, who rejected arguments from Trump's legal team that he is entitled to broad immunity from criminal prosecution for acts within the "outer perimeter" of his official duties.
In her Dec. 1 ruling, Chutkan found that the presidency "does not confer a lifelong 'get-out-of-jail-free' pass," and said Trump may be subject to "federal investigation, indictment, prosecution, conviction and punishment for any criminal acts undertaken while in office."
Trump was indicted on four counts in early August related to an alleged scheme to thwart the peaceful transfer of presidential power after the 2020 presidential election. He pleaded not guilty to all charges.
The Supreme Court is separately considering a case challenging the reach of a law that has been used to charge more than 300 people for their alleged participation in the Jan. 6, 2021, attack on the U.S. Capitol, including Trump. A decision from the justices is expected by the end of June.
After Chutkan denied Trump's request to dismiss the charges brought by Smith on immunity grounds, allowing the case to proceed, the former president asked the D.C. Circuit to review the decision. The appeals court scheduled arguments for Jan. 9. Once Trump filed his appeal, Smith turned to the Supreme Court and asked it to step in before the appeals court rules.
"A cornerstone of our constitutional order is that no person is above the law. The force of that principle is at its zenith where, as here, a grand jury has accused a former president of committing federal crimes to subvert the peaceful transfer of power to his lawfully elected successor," Smith wrote in his request to the justices. "Nothing could be more vital to our democracy than that a president who abuses the electoral system to remain in office is held accountable for criminal conduct."
Dec 22, 2023 · The US Supreme Court has declined, for now, to decide whether former President Donald Trump has immunity from prosecution for allegedly trying to overturn the 2020 election.
Feb 7, 2024 · Donald Trump does not enjoy the "complete and total" immunity he has often claimed is his right as a former president, a panel of three appellate court judges ruled on Tuesday.
Dec 11, 2020 · The US Supreme Court has rejected an unprecedented attempt to throw out election results in four battleground states that was backed by President Donald Trump. The lawsuit, filed this week by...
Dec 22, 2023 · WASHINGTON, Dec 22 (Reuters) - The U.S. Supreme Court on Friday declined to immediately decide former President Donald Trump's claim that he cannot be prosecuted for trying to...
Feb 6, 2024 · A federal appeals court on Tuesday said that Donald Trump is not immune from prosecution for alleged crimes he committed during his presidency, flatly rejecting Trump’s arguments that he...
