Amy Davidson Sorkin on the former President Donald Trump’s attempts to claim Presidential immunity from criminal prosecution, and what he’s gained by doing so.
This week, the case has been a torrent of briefs and motions. In the Monday filing, Trump asked the Court to keep the proceedings in the January 6th case—which Jack Smith, the special counsel, brought against him in federal court in the District of Columbia—on hold while he prepares what is known as a petition for certiorari. This petition would ask the Justices to overturn a ruling by a three-judge panel of the Court of Appeals for the D.C.
Trump is invoking double jeopardy to argue that his acquittal by the Senate in his second impeachment trial, on a single count of inciting insurrection, means that no court can ever put him on trial again on charges even related to the same underlying set of facts. That claim is far afield from established readings of the double-jeopardy clause of the Fifth Amendment of the Constitution, which says that no person shall “be subject for the same offense to be twice put in jeopardy of life or limb.
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