Washington, DC [US], February 29 : The Supreme Court has taken up the decision on whether former President Donald Trump can assert immunity in the election subversion case led by special counsel Jack Smith, introducing another contentious appeal and prolonging the federal trial, CNN reported.
The Court, agreeing to expedite the case, has scheduled arguments for the week of April 22.
This development sets the stage for another critical encounter between Trump, a leading contender for the Republican presidential nomination, and the high court. Earlier this month, the Supreme Court heard arguments in a distinct case questioning Trump's eligibility for a second term under the 14th Amendment's "insurrection ban." In that instance, the high court mandated a hold on a lower court ruling against Trump until the matter is resolved, as reported by CNN.
The decision marks a significant win for Trump on two fronts. Firstly, it provides him with an opportunity to advocate for broad presidential immunity, potentially undermining the array of legal challenges he currently faces. Secondly, it affords him the ability to delay the federal trial, likely for several weeks. Rejecting Trump's emergency request would have enabled Smith to expedite proceedings, virtually ensuring a trial before the November election.
The Supreme Court's delay in issuing a ruling, spanning nearly two weeks, suggests potential behind-the-scenes manoeuvring, according to Steve Vladeck, CNN Supreme Court analyst and University of Texas School of Law professor. Vladeck notes that while the delay may not reveal the court's leanings, it does indicate a consensus was elusive, requiring a full briefing and argument to resolve the matter.
"The surprise is that it took the court the better part of two weeks to reach this result, from which no justice has publicly dissented," Vladeck said. "The justices couldn't reach consensus on a way to resolve the matter without giving it full briefing and argument."
"It's hard to read any tea leaves into whether that makes the court more likely to side with former President Trump when it finally resolves his immunity claim, but it certainly means that, even in the worst-case scenario for Trump, the January 6 prosecution will be delayed for at least another 3-5 months. That's a pretty big win for Trump, even if he ends up losing this case," Vladeck added.
Trump filed an emergency request at the Supreme Court on February 12, seeking to block a lower court ruling that rejected his immunity from Smith's election subversion charges. The former president argued that immunity was necessary to prevent future presidents from facing criminal charges, asserting that without such protection, "the presidency as we know it will cease to exist."
However, this argument faced rejection in lower courts. A unanimous 57-page opinion from the DC Circuit earlier this month dismissed Trump's immunity claims. Trump and Smith presented conflicting briefs at the Supreme Court regarding whether the decision should be put on hold.
Smith countered in his filing on February 14, asserting that Trump was far from meeting the standard required to pause proceedings. US District Judge Tanya Chutkan had previously postponed the initial trial date, originally set for March 4, while appeals courts grappled with Trump's claims. Despite these delays, a trial is unlikely to commence until May at the earliest, CNN reported.
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