Was Donald Trump protected by presidential immunity when he tried to overturn the results of the 2020 election? The U.S. Supreme Court on Friday refused to rule on the issue on an emergency basis, a boon for the Republican who hopes to delay the start of his trial. The tempestuous billionaire, a candidate in the election at the end of 2024, is due to be tried from 4 March for his pressure during the last presidential election.
His lawyers, who are trying to delay the start of his trial so that it does not coincide with the election calendar, say Donald Trump enjoys "absolute immunity" for his actions while he was in the White House. And that he should, for that reason, not be tried. Judge Tanya Chutkan, who will preside over the federal trial of Donald Trump, rejected a first motion for immunity in early December, considering that no law protected a former president from criminal prosecution. Trump's lawyers have appealed the decision, asking the Court of Appeals to rule on the matter. However, this additional step could take many weeks and may ultimately delay the start of the former president's trial.
Unclear case law
In mid-December, U.S. Attorney Jack Smith petitioned the U.S. Supreme Court, asking the nation's highest court to rule directly on the issue, without waiting for the Court of Appeals. The Supreme Court, which has a conservative majority because it has been largely reshuffled by Donald Trump, refused on Friday. Similar attempts to invoke Trump's presidential immunity have been rejected by judges, but the U.S. court has never directly said whether a former head of state enjoys immunity from criminal prosecution.
The case law is all the more unclear because Donald Trump is the first former president of the United States to be criminally charged. The Republican billionaire is about to experience an extraordinary year in every way, punctuated by comings and goings between the courts and the campaign stands.
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