U.S. Supreme Court will decide if Trump can be prosecuted in 2020 election interference case
CBC
The Supreme Court on Wednesday agreed to decide whether former U.S. president Donald Trump can be prosecuted on charges he interfered with the 2020 election, calling into question whether his case could go to trial before the November election.
While the court set a course for a quick resolution, it maintained a hold on preparations for a trial focused on Trump's efforts to overturn his election loss. The court will hear arguments in late April, with a decision likely no later than the end of June.
The court said in an unsigned statement that it will consider "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."
That timeline is much faster than usual, but assuming the justices deny Trump's immunity bid, it's not clear whether a trial can be scheduled and concluded before the November election.
Early voting in some states will begin in September. Trump's lawyers have sought to put off a trial until after the election.
Trump wrote on his social media platform Truth Social that legal scholars "are extremely thankful" the court stepped in to decide on immunity.
"Presidents will always be concerned, and even paralyzed, by the prospect of wrongful prosecution and retaliation after they leave office," he wrote.
By taking up the legally untested question now, the justices have created a scenario of uncertainty that special counsel Jack Smith had sought to avoid when he first asked the high court in December to immediately intervene. In his latest court filing, Smith had suggested arguments a full month earlier than the late April timeframe.
A Smith spokesperson declined to comment.
The Supreme Court has previously held that presidents are immune from civil liability for official acts, and Trump's lawyers have for months argued that that protection should be extended to criminal prosecution as well.
The trial date, already postponed once by Trump's immunity appeal, is of paramount importance to both sides.
Prosecutors are looking to bring Trump to trial this year while defence lawyers have been seeking delays in his criminal cases.
If Trump were to be elected with the case pending, he could presumably use his authority as head of the executive branch to order the Justice Department to dismiss it or could potentially seek to pardon himself.
Though their Supreme Court filing did not explicitly mention the upcoming November election or Trump's status as the Republican primary front-runner, prosecutors described the case as having "unique national importance" and said "delay in the resolution of these charges threatens to frustrate the public interest in a speedy and fair verdict."
