The Supreme Court will weigh the limits of presidential immunity on Thursday in an unprecedented landmark case with significant implications for former President Trump, his legal fights and the 2024 White House race.
Trump makes an argument that has already been rejected by two lower courts: Even as a former executive, he remains immune from prosecution for official actions he took while in office.
Prosecutors view the new argument as one that would put presidents beyond the reach of the criminal justice system, even after they leave office.
On the bench are three conservatives that Trump appointed to the court — Justices Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett — but the court’s verdict could run counter to the presumptive GOP nominee’s claims that he should not wanted.
It will be the first time judges appear in court to consider an appeal stemming from one of Trump’s four criminal indictments, and their decision could dictate whether those not on trial ever have to appear in court before a jury.
Trump’s critics say a ruling in favor of the president’s arguments would alter the fabric of power in the country, giving far too much power to sitting and non-sitting presidents.
“It’s so fundamental to the presidency, where a president is genuinely trying to corrupt the system and perpetuate himself in power,” said John Dean, a former White House adviser to former President Nixon and a frequent Trump critic.
“If Trump can get away with doing what he did, we won’t have a democracy,” Dean warned.
Trump, for his part, has repeatedly insisted that the presidency cannot operate without immunity, suggesting that doing so would expose officials to extortion and unjust retaliation.
“Without immunity, the presidency, as we know it, will no longer exist. Many actions for the benefit of our country will not be undertaken. This is in no way what the founders had in mind,” Trump said. wrote on Truth Social Monday.
Federal prosecutors led by special counsel Jack Smith argue that presidents, like other citizens, must be held accountable if they commit crimes, a reality they do not view as a chilling power to the president.
“The effective functioning of the presidency does not require that a former president be immune from accountability for these alleged violations of federal criminal law. To the contrary, a fundamental principle of our constitutional order is that no one is above the law, including the president,” prosecutors wrote in court filings.
“Nothing in constitutional text, history, precedent, or policy considerations supports the absolute immunity sought by petitioner.”
Whatever the Supreme Court decides, the timing of its decision could impact whether other Trump criminal cases go to a jury before November. If Trump takes over the White House, he should put an end to his accusations.
Trump narrowly leads President Biden in polls in most key presidential states…
