The Supreme Court has agreed to hear former President Trump’s appeal claiming immunity from prosecution, which legal experts say delays a trial before the 2024 election.
Oral arguments will be in April, with a decision potentially in June.
“The real victory here for Trump deals with the calendar,” George Washington University law professor Jonathan Turley said.
Turley argued this grants Trump a “victory” by pushing any trial past the election.
“You know, the overriding push of Smith, the special counsel, has been to get a trial before the election. He is running out of runway. If this opinion doesn’t come out until June, perhaps, you have to remember that even if Smith wins, the mandate goes back to the district court, which has to handle all the pre-trial motions. That could take months,” he said.
“They didn’t great the stay, but they created effectively or constructively a stay by setting it for argument,” Turley said.
“Trump has gotten what he has wanted and that this is not going to be heard until the end of April, and then all bets are off when they might issue a decision. They could issue it before June, but there’s obviously some justices here who have a lot … to talk about on this issue,” Turley said.
Trump welcomed the decision, saying in a statement that presidents must have immunity to make decisions free from “fear of retribution.”
If there is no immunity, he claimed the presidency would “no longer exist.”
“Legal Scholars are extremely thankful for the Supreme Court’s Decision today to take up Presidential Immunity. Without Presidential Immunity, a President will not be able to properly function, or make decisions, in the best interest of the United States of America. Presidents will always be concerned, and even paralyzed, by the prospect of wrongful prosecution and retaliation after they leave office,” Trump said.
“This could actually lead to the extortion and blackmail of a President. The other side would say, ‘If you don’t do something, just the way we want it, we are going to go after you when you leave office, or perhaps even sooner,’” he added.
“A President has to be free to determine what is right for our Country without undue pressure. If there is no Immunity, the Presidency, as we know it, will ‘no longer exist.’ Many actions for the benefit of our Country will not be taken. This is in no way what the Founders had in mind. Legal Experts and Scholars have stated that the President must have Full Presidential Immunity. A President must be free to make proper decisions. His mind must be clear, and he must not be guided by the fear of retribution!” Trump said.
His attorneys have also filed motions to dismiss the federal case concerning classified documents, arguing he had authority to retain them and that Special Counsel Jack Smith’s appointment was illegal.
The immunity question is central to Trump’s defense against accusations of unlawfully keeping government records.
