Solicitors representing Donald Trump have asked the US supreme court to overturn an indictment that charges the ex-president with plotting to reverse the 2020 election results, reinforcing their contention that he’s exempt from prosecution for actions taken during his presidential tenure. Previous courts have dismissed these immunity pleas twice, yet Trump’s legal team has been granted another opportunity to present their case in front of the supreme court, set to hear arguments on 25th April.
The decision of the apex court to hear the case has put on hold the criminal trial, leaving uncertain if special counsel Jack Smith will be able to place Trump on trial before November’s election. In a document submitted on Tuesday, Trump’s solicitors reiterated arguments that have been previously dismissed by judges, stating that a president cannot effectively function, and the presidency cannot maintain its crucial independence, if the president is susceptible to criminal prosecution for official actions after office departure.
They expressed that denying criminal immunity could potentially render every future president vulnerable to implicit threats and extortion while in office. It could also subject him to years of post-office stress instigated by political adversaries. They indicated that the prospect of subsequent prosecution and jail time could potentially sway critical and contentious decisions of a president, infringing upon the might, control, and resolve of the presidency.
Smith’s team have mentioned that ex-presidents do not possess absolute immunity, and actions Trump is alleged of implementing in his unsuccessful bid to stay in power following his loss to Democrat Joe Biden should not be considered as official presidential actions. US district judge Tanya Chutkan and a three-judge federal appeals panel in Washington have concurred with Smith. Nonetheless, the case has been essentially stagnant for months due to the ongoing appeal process.
Trump’s solicitors also suggested to the justices that if they reject his immunity pleas, the case should be returned to Ms Chutkan for more “fact-finding”. This could cause further prolongation before a trial could be arranged. Trump is currently confronted with this and three other state and federal criminal prosecutions as he strives to regain the White House.
The former president and his legal team have been employing delay tactics to hinder legal proceedings from going to court, proving a somewhat successful endeavour thus far. Of the four pending cases, merely one – originating in New York and accusing Mr Trump of hush money payments to silence allegations of an illicit sexual affair – is slated to commence within the following few months. A recent decision by the judge overseeing said case pushed back the trial until at least mid-April, in pursuing clarity regarding an unexpected influx of evidence. The ex-president’s legal representatives argue that this sudden deluge of evidence has obstructed their capacity to formulate a defence. – AP