As the impending trial on charges of obstructing the 2020 election looms for former President Donald Trump, his legal team appears to be considering a high-stakes maneuver to delay or potentially circumvent the proceedings: initiating a consequential battle for presidential immunity before the United States Supreme Court. Traditionally, US presidents enjoy protection from a majority of lawsuits. However, in a precedent-setting twist, Trump’s previous attempt to invoke immunity in a civil case linked to the January 6, 2021, assault on the US Capitol was unsuccessful. Despite this setback, the appeal of that decision has lingered for over a year, serving as a potential blueprint for seeking a postponement of his upcoming criminal trial involving efforts to overturn the 2020 election results. While Trump’s legal team has yet to formally request immunity in the criminal case, it is anticipated that they might contend that he is entitled to broad immunity against prosecution for actions taken in the context of his official duties as President. During a recent hearing, Trump’s attorney, John Lauro, pointed out that the Supreme Court has not yet rendered a verdict on the scope of executive immunity in a criminal context. Lauro’s argument regarding immunity did not sway US District Judge Tanya Chutkan, who declined to accommodate Trump’s desired trial date of 2026. Nevertheless, Lauro indicated that if the legal team does pursue the immunity argument, they would likely petition the judge to pause the criminal trial until the matter is conclusively settled. However, legal experts view this strategy as a long shot, as US appellate judges generally hesitate to entertain cases until a final judgment is reached. Additionally, there exists a precedent of public officials facing prosecution for actions undertaken during their time in office. Brandon Fox, a former federal prosecutor with experience handling public corruption cases, remarked, “It’s unprecedented,” alluding to the unique nature of a former president’s prosecution for events occurring while in office. Historically, the Supreme Court has weighed in on issues related to civil lawsuits and criminal investigations involving presidents and executive branch officials. Yet, no sitting or former president has faced federal indictment before. Despite the Justice Department’s policy against prosecuting a sitting president, this stance is not legally binding on courts and predominantly concerns its impact on the president’s capacity to fulfill official duties. Trump’s federal charges involve allegations of conspiring to criminally interfere with the 2020 election results. The accusations span the period between the November general election and the January 6 attack on the Capitol. This indictment is one of four entered against the former president this year. (YWN World Headquarters – NYC)
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