Former President Donald Trump is banking on the Supreme Court, dominated by six conservative justices, three of whom he nominated, to grant him absolute immunity from criminal prosecution. The court will hear his plea on Thursday in a case related to charges brought by Special Counsel Jack Smith concerning Trump's actions after the 2020 presidential election.
Trump's ongoing lawsuits from his 2016 and 2020 campaigns have overshadowed the current race. Despite his criticism of the legal proceedings, Trump uses them to portray himself as a political martyr, often sharing his thoughts on Truth Social.
The Supreme Court is dealing with an untested constitutional question of executive branch immunity, a clash between the former president and the US Justice Department. Trump's appointments have significantly shaped American law, with him taking credit for reversing the constitutional right to abortion.
The court has faced criticism for recent decisions, notably enhancing 2nd Amendment protections and diminishing federal regulatory power. Issues around justices’ off-bench behavior and conflicts of interest have arisen, most notably with Justice Clarence Thomas's refusal to recuse himself in post-2020, Trump-related cases.
The Supreme Court delayed the Special Counsel's request to expedite the immunity case in December, disrupting the original March 4 date for Trump’s DC trial. Trump won a high court decision reversing a Colorado ruling, and he continues to champion his belief in presidential immunity.
The Supreme Court will decide whether the Constitution shields a former president from criminal prosecution for actions taken while in office. Lower courts ruled against Trump, saying his immunity ended when he left office. Trump denies wrongdoing, arguing that a president cannot function if concerned with possible prosecution for official acts once out of office.
Smith countered in his filing, referencing the Nixon-Ford Watergate situation, implying that former presidents could face prosecution.
Trump will not be in the Supreme Court on Thursday, he will be attending his Manhattan criminal trial instead. During his presidency, Trump regularly shared his opinions on the justices, causing friction.
The immunity case adds to an already consequential Supreme Court's 2023-24 session, with disputes over abortion pills, gun control, and federal regulatory power. Trump is pressing for a bold, unprecedented interpretation of absolute presidential immunity from criminal trial, citing the court’s seminal 1803 decision in Marbury v. Madison and a 1982 case, Nixon v. Fitzgerald.
Smith contends that former presidents are bound by law and can be criminally prosecuted for their actions in office. He argues that past presidents never tried to overturn the legitimate results of a presidential election, as Trump's indictment alleges.
