The Supreme Court has agreed to hear oral arguments in April on former President Trump’s claim of immunity in the January 6 criminal investigation.
This delay effectively pushes the federal case out until a ruling in June at the earliest.
By taking up the immunity question first, the Court has granted Trump’s legal team a tactical advantage in slowing the prosecution’s momentum.
Trump’s lawyers argued that presidential immunity is necessary to avoid politically motivated prosecutions influencing the presidency.
“Without immunity from criminal prosecution, the presidency as we know it will cease to exist,” Trump’s lawyers wrote.
“Any decision by the president on a politically controversial question would face the threat of indictment by the opposing party after a change in administrations. All presidential decisions would be exposed to undue, wrongful pressure from opposing political forces, under a threat of indictment after the president has left office,” they wrote.
Meanwhile, the Court recently ruled that states cannot bar Trump from ballots for the 2024 election based on the insurrection clause, cementing his pathway to another presidential run if he wins the GOP nomination.
“We conclude that States may disqualify persons holding or attempting to hold state office. But States have no power under the Constitution to enforce Section 3 with respect to federal offices, especially the Presidency,” the Court wrote.
The immunity hearing will have significant implications for presidential accountability going forward depending on how the Court rules.
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