The U.S. Supreme Court is scheduled to hear arguments Thursday on whether former President Donald Trump will be granted immunity from prosecution in special counsel Jack Smith’s election interference case.
The high court has agreed to consider whether Trump, the Republican presidential candidate, has immunity from prosecution.
Arguments in the Supreme Court are scheduled to begin at 10 a.m. Thursday, but the former president will not attend the hearing.
Instead, Trump will be in New York City for the seventh day of his criminal trial stemming from Manhattan District Attorney Alvin Bragg’s investigation. President Trump has pleaded not guilty to all 34 counts of first-degree falsification of business records.
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Republican presidential candidate and former President Donald Trump arrives at an election night watch party at Mar-a-Lago on March 5, 2024 in West Palm Beach, Florida. (Win McNamee/Getty Images)
As a criminal defendant, Trump is required to attend every day of the trial. He requested to attend Supreme Court arguments on presidential immunity, but Judge Juan Melchan, who is presiding over the case, denied the request.
“Arguing before the Supreme Court is a big deal, and I certainly understand why my client would want to go to the Supreme Court, but a trial in the New York Supreme Court is also a big deal,” Marchan urged the former president last week. said. To be in a Manhattan courtroom.
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The Supreme Court’s decision on the issue of presidential immunity is expected to be handed down by late June.
Trump’s criminal trial stemming from the Smith investigation has been put on hold pending a resolution to the matter.
The former president and his lawyers asked the Supreme Court to reconsider the issue of presidential immunity, arguing that “if the president’s prosecution is upheld, such prosecutions will recur, become increasingly common, and lead to devastating accusations.” It will start a chain reaction.”
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“Criminal prosecution carries greater stigma, harsher penalties, and imposes far greater ‘personal vulnerability’ on the President than civil penalties,” Trump’s lawyers wrote. “The threat of future criminal prosecution by a politically opposed administration will overshadow every public act of a future president, especially his most politically controversial decisions.”
At President Trump’s request, the president’s “political opponents must be able to use effective blackmail and extortion with the threat of prosecution, explicit or implicit, for conduct that would not warrant prosecution by a future hostile administration.” “They will try to influence and control the president’s decisions.” . ”
Supreme Court building in Washington DC (AP Photo/J. Scott Applewhite, File)
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Smith indicted the former president on charges of conspiracy to defraud the United States. Conspiracy to obstruct an official proceeding. Obstructing or attempting to interfere with an official proceeding. and conspiracy against rights. These charges stem from Smith’s investigation into whether President Trump was involved in the January 6 Capitol riot and allegations of interference in the 2020 election results.
Trump pleaded not guilty to all charges in August.
“Without executive privilege, it would be impossible for the president to function properly and would forever place the United States of America in great danger!” Trump posted in all caps on his Truth Social last week. did. “If they take away my presidential privileges, they’re taking away the presidential privileges of the unjust Joe Biden.”
In another post, Trump said that without immunity for the president, “the opposition will have to say, ‘If you don’t give us everything we want, even if everything is perfectly legal and proper,’ will indict you for what you did while in office.”
“It’s the end of the Presidency and the end of our country as we know it, and just one of the many traps a President without executive privilege can fall into,” Trump wrote.
“Obama, Bush, and soon Crooked Joe Biden are all going to be in big trouble,” Trump said, referring to his predecessor and 2020 and 2024 presidential candidate Biden.
Trump went on to say, “If the president does not have immunity, he will be just a ‘ceremonial’ president with little courage to do what needs to be done for our country.” sought the protection of immunity. . “Let’s make America great again!”
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Trump added that if the president is not granted immunity, “every outgoing president will be immediately indicted by his opponents.”
“Without complete immunity, the President of the United States will not be able to function properly,” he reiterated.
Special Counsel Jack Smith arrives to address the recently unsealed indictment against former President Trump in Washington, DC on August 1, 2023 (Drew Angerer/Getty Images)
This is the second time this term that the Supreme Court has heard a case involving a potential Republican presidential nominee.
The Supreme Court last month unanimously sided with Trump in his challenge to Colorado’s attempt to exclude him from the 2024 primary ballot.
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The high court ruled in favor of Mr. Trump in the case, which could affect efforts in several other states to remove potential Republican candidates from their respective ballots. Become.
For the first time, the court considered the meaning and scope of Section 3 of the Fourteenth Amendment, which prohibits former officials “involved in rebellion” from holding public office again. More than 30 states have filed challenges to remove Trump from the 2024 ballot.
President Trump returned to the issue of presidential immunity in an exclusive interview with Fox News Digital following the ruling.
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“Equally important to our country, a decision on presidential immunity will be made soon. Without it, the presidency will remain a ceremonial position and will continue to serve the purpose of our nation’s founding,” Trump told Fox News. It’s a far cry from that.” News Digital. “No president will be able to function properly and effectively without complete and total immunity.”
“Our country will be at great risk,” he added.
