onald Trump is currently a criminal defendant in a New York state trial. But on Thursday, his lawyers will argue before the Supreme Court that as a former President he's largely immune from criminal prosecution, setting the stage for one of the most pivotal decisions on presidential power in a generation., set to be heard on the final day of the court’s argument calendar, will determine whether and how quickly Trump faces trial in Washington, D.C.
But prosecutors for special counsel Jack Smith, who brought the charges, say that no individual, regardless of their prior office, should be above the law and that the acts in question—allegedly orchestrating a scheme to recruit fraudulent electors—do not fall within the scope of protected presidential conduct.
“The Supreme Court will address the historic question of Presidential Immunity on Thursday, but unfortunately, I will not be able to attend,” Trump wrote on his social media platform Truth Social on Monday. “Without Presidential Immunity, the President cannot function, as his Political Opponents will blackmail and extort him with the threat of wrongful prosecution at every turn. We look forward to presenting our case to the Supreme Court.
Most legal experts expect Trump to suffer a defeat at the Supreme Court, with the Justices likely to rule that he is not broadly immune from criminal prosecution. But in certain practical terms, he may have already won simply by pushing his other trials, says Jill Habig, a former legal adviser to Vice President Kamala Harris in the California Attorney General’s office who now runs the Public Rights Project. “Every day of delay is a victory for his efforts to remain above the law,” she says.
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