The Supreme Court is set to hear arguments on Thursday morning as to whether Donald Trump is immune from prosecution on charges related to alleged election misconduct. The justices’ decision will likely set a new precedent on the boundaries of presidential power and could significantly impact the pace of the 2024 presidential election campaign.
Reports claim that most legal analysts do not believe that the justices will decide that Trump has absolute immunity, but they may decide that he has partial immunity. This could require Joe Biden‘s Justice Department and special prosecutor Jack Smith to revisit some aspects of their prosecution. The justices could also refer elements of the case back to the lower courts so they can rule on the extent of any partial immunity.
If the Supreme Court takes a month to arrive at its decision, a possible trial date for the former president would be pushed to around autumn, deep into the presidential race. A later ruling, towards the end of June, could mean it has to be delayed until after the election in November.
This could deny Biden’s Justice Department the opportunity to brand Trump a felon before voters head to the polls or even imprison him. Trump could also direct the Justice Department to drop the charges or possibly issue himself a pardon if he wins.
PANDORA’S BOX.
Regarding the merits of Trump’s case, his lawyer, D. John Sauer, argues that authorizing “the prosecution of a president for official acts would open a Pandora’s box from which this nation may never recover.”
“If a president has to look over his shoulder or her shoulder every time he or she has to make a controversial decision and wonder if ‘after I leave office, am I going to jail for this when my political opponents take power?’ that inevitably dampens the ability of the president,” he explained.
While Trump’s prosecutors and political enemies have characterized this as an argument that presidents are “above the law,” Trump’s lawyers say the constitutionally proper way for presidents to be held to account for official acts is via Congress, through impeachment and a Senate trial.
Trump was acquitted of inciting an insurrection by the Senate in 2021. His lawyers also argue that attempting to try him for further offenses related to January 6 violates the double jeopardy clause of the Fifth Amendment.