(BrightPress.org) – On Tuesday, March 19th, former President Donald Trump filed a U.S. Supreme Court brief asking the high court to find that former U.S. presidents are immune from criminal prosecution for “acts taken while in office.” The brief claims the president does not have the freedom to function if the threat of criminal prosecution for official acts looms once he leaves office. According to the brief, presidential immunity is “required by the very structure of the Constitution.”
The Supreme Court agreed to hear arguments in the case on April 25th. This delay may result in the trial being pushed into the fall during the presidential campaign. Depending on how the case progresses the trial could potentially be delayed until after the election.
In this latest brief, attorneys for Trump advise the court to be “wary” of endorsing criminal prosecutions for former presidents using President Joe Biden’s border policies as an example by asking, “Is President Biden destroying our southern border and undermining our national security abroad for unlawful electoral purposes?” Trump’s attorneys claim that denying criminal immunity would “incapacitate” future presidents with “de facto blackmail and extortion” while serving in office.
Special Counsel Jack Smith was appointed as prosecutor in the case and in August of 2023 he brought four federal criminal charges against Trump in the election subversion case. Smith has argued against presidential immunity claiming the nation has a “compelling interest” in seeing the charges brought to trial. Smith claims that even though Trump was acting as president, he allegedly attempted to “perpetuate himself in power” by attempting to prevent Joe Biden, the lawful winner of the 2020 presidential election, from taking office.
If the Supreme Court rules in favor of sweeping immunity for former presidents, all charges would be dropped against Trump. Trump has pleaded not guilty to the charges claiming they are politically motivated. If the trial is delayed and Trump wins the 2024 presidential election, he could order the charges to be dropped.
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