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Jimmy Williams
Former President Donald Trump is pushing for absolute immunity in the legal battle over his attempts to overturn the 2020 election results. In a new filing with the Supreme Court, Trump’s legal team argues that he should be shielded from prosecution for any official acts he undertook while in office.
According to Trump’s lawyers, allowing criminal prosecution for official acts after leaving office would “incapacitate every future president” and undermine the vital independence of the presidency. They claim that such a ruling would leave presidents vulnerable to blackmail and extortion.
Special counsel Jack Smith, leading the prosecution, is seeking a swift ruling to proceed with a criminal trial before the upcoming presidential election in November. However, Trump’s team is pushing back, arguing that the case raises important questions about the unique powers granted to the president under the Constitution.
The Supreme Court, with its 6-3 conservative majority, will weigh in on whether a former president enjoys immunity for actions taken while in office. Trump’s legal team points to past court rulings affirming presidential immunity in various contexts, although not specifically in criminal cases.
In their brief, Trump’s lawyers reference a 1982 Supreme Court decision in Nixon v. Fitzgerald, which established that presidents cannot be sued in civil cases for actions within the scope of their authority. They argue that this principle should extend to criminal prosecution as well.
If the Supreme Court rejects Trump’s immunity claim, his legal team suggests that the case could be sent back to lower courts for further review, potentially delaying any trial.
Meanwhile, Smith’s team maintains that there is no broad immunity protecting former presidents from criminal prosecution for acts committed while in office. They argue that Trump’s efforts to undermine the transfer of power should not be considered official acts deserving of immunity.
Trump faces a four-count indictment in Washington, including charges of conspiracy to defraud the U.S. and obstructing an official proceeding. Despite his plea of not guilty, lower courts have rejected his claims of immunity, leading him to turn to the Supreme Court for a final decision.
