Supreme Court to rule on Trump's presidential immunity claims following charges of trying to overturn election

Supreme Court to rule on Trump's presidential immunity claims following charges of trying to overturn election

WATCH: Lara Trump speaks to Nigel Farage

GB News
George Bunn

By George Bunn


Published: 28/02/2024

- 22:33

Updated: 28/02/2024

- 23:00

Trump is the first former president to be criminally prosecuted

The US Supreme Court has agreed to decide if Donald Trump is immune from prosecution on charges of trying to overturn the 2020 election.

The conservative majority court has agreed to hear the case of whether the former President can be shielded from criminal liability.


A US Court of Appeals panel has already rejected Trump's argument that he enjoys presidential immunity.

Special Counsel Jack Smith in August 2023 brought four federal criminal counts against Trump in the election subversion case. A March 4 trial date was postponed as Trump pressed his immunity claim.

Trump

Donald Trump's case will go before the Supreme Court

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Trump has trials pending in three other criminal cases. Trump has pleaded not guilty in all of them, seeking to portray them as politically motivated.

The justices set the case for oral argument during the week of April 22 on a single 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."

The US Court of Appeals for the District of Columbia Circuit on February 6 ruled 3-0 against Trump's immunity claim, rejecting his bid for "unbounded authority to commit crimes that would neutralise the most fundamental check on executive power — the recognition and implementation of election results."

Trump's lawyers said a months-long criminal trial would "radically disrupt" Trump's ability to campaign against Biden. They also warned of dire consequences for future presidents if Trump's prosecution is allowed such as partisan prosecutions, extortion, blackmail and more.

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Donald Trump

Donald Trump is the frontrunner for the Republican nomination

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Trump and his allies made claims that the 2020 election was stolen and devised a plan to use false electors to thwart congressional certification of Biden's victory.

He also sought to pressure Vice President Mike Pence not to allow certification to go forward. Trump's supporters attacked the Capitol in a bid to prevent the certification.

If Trump regains the presidency, he could seek to use his powers to force an end to the prosecution or potentially pardon himself for any federal crimes.

Trump last October sought to have the charges dismissed based on his claim of immunity from criminal prosecution related to actions taken by a president while in office. US district Judge Tanya Chutkan rejected that claim on December 1, prompting Trump's D.C. Circuit appeal.

Earlier today, Trump lost a bid to pause a $454.2 million civil fraud judgment against him for overstating his net worth and real estate values to dupe lenders, meaning he must soon find the cash or post a bond to prevent New York authorities from seizing his property while he appeals.

The decision by Associate Justice Anil Singh of the New York Appellate Division must be affirmed by a full panel of the mid-level state appeals court.

Singh granted Trump's request for a stay of a portion of Justice Arthur Engoron's February 16 decision barring the former president from running any New York corporation or seeking loans from the state's banks for three years.

Trump's lawyers did not immediately respond to a request for comment on Singh's decision.

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