Supreme Court to Hear Trump Immunity Appeal That Could Further Delay Cases
Experts say the high court may remand the case back to the federal court for further proceedings, a move that would give Trump a strategic win.
By Sam Dorman
4/24/2024 Updated: 4/24/2024
The Supreme Court, in its upcoming immunity case filed by former President Donald Trump, may rule to send the case back to the district court in Washington, allowing him to further delay proceedings as desired, according to experts.
April 25 is the date the justices set for oral arguments over President Trump’s claims of immunity from prosecution under the indictment brought by special counsel Jack Smith in Washington. It’s unclear how the justices will rule, but a decision, expected in June, will alter the course of the former president’s case and potentially complicate his others as well.
Representing President Trump will be attorney D. John Sauer, who also argued for him in the D.C. Circuit. Former Deputy Solicitor General Michael Dreeben is expected to argue for Mr. Smith’s team.
The question of how much immunity presidents enjoy is a hotly debated topic and integral to how the government divides power among its three separate branches. Beyond some of the more immediate questions surrounding presidential immunity, the justices may contemplate the more far-reaching implications of their ruling on immunity. For example: How will their decision impact other ongoing cases? Will it align with how the framers of the Constitution envisioned presidential immunity?
President Trump pointed to the landmark 1803 decision in Marbury v. Madison, which said in part that a president’s official acts “can never be examinable by the courts,” to argue that courts couldn’t review his official conduct. He told the Supreme Court it should rule that presidents enjoy immunity for their official acts and that criminal prosecution could only come after impeachment and conviction by Congress.
The justices decided to tackle a narrower question: “Whether and if so to what extent does a former president enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office?”
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READ MORE: https://www.theepochtimes.com/us/supreme-court-to-hear-trump-immunity-appeal-that-could-further-delay-cases-5634795?ea_src=frontpage&ea_med=lead-special-courts-medium-0
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