London: The US Supreme Court has agreed to hear an unprecedented legal case that is sure to rock the 2024 election. The case concerns former President Donald Trump and presidential immunity,
and specifically whether a former US President must answer to civil and criminal charges against him. The immunity of the US President is a heavily disputed issue. It has been argued that presidents should not face at least some types of legal action for decisions made in office. But does this mean that a president has to operate under a different set of laws than everyone else? And under what exact circumstances? For a country that prides itself on equality, these are tough questions.
The Supreme Court’s answers will not only potentially change constitutional theory, but also change what happens in this year’s presidential election. Trump is currently facing four charges that he interfered in the 2020 election, including his alleged involvement in the controversial 2021 Capitol Hill riots. The charges were brought by the US Department of Justice through the Washington DC court system.
The trial was to begin on March 4. Yet Trump is trying to dismiss the charges on the basis of blanket presidential immunity. The other lawsuit will be delayed as the Supreme Court deliberates on a related case, which alleges election interference and could potentially remove Trump’s eligibility to run for president.
America is stuck in legal trouble
Absolute immunity is the idea that legal charges cannot be brought against a President for actions taken while he is in office. This may seem like common sense. Holding the President legally accountable for his actions would result in him being hauled to court for everything he does in running the country – which is simply impractical. On the other hand, why should the President be subject to different legal standards than anyone else? There is nothing in the US Constitution that explicitly grants the President absolute immunity – but there is plenty about the people being equal.
If it sounds bad, it is. There is no consensus as to whether and when immunity should apply. Previous US court decisions have upheld immunity in some cases (e.g. 1982 Nixon v. Fitzgerald) and rejected it in others, such as 1994 Clinton v. Jones. These decisions are often referred to as “outside the box” tests.
Did these incidents occur in the context of the President performing his official duties? If not, the President is still potentially liable, the ruling ruled. The trial is a major issue for Trump and the upcoming case. Trump’s immunity claim was rejected by an appeals court earlier this year on such grounds. Three judges said the immunity did not apply because Trump was a presidential candidate at the time and was not the president acting in accordance with official duties.
Yet, the decision also provides a deeper discussion of what it means for the President to apply a different standard of law. The judges said immunity in the case would mean Trump has “unlimited authority to commit crimes that would neutralize the most fundamental check on executive power – the recognition and enforcement of election results.”
The judges highlighted widespread concerns that immunity could be used to abuse the very system it was designed to protect. We are seeing these same broader issues coming to the fore now, with the immunity issue headed to the Supreme Court, three of whose nine justices were appointed by Trump himself.
The Supreme Court is the final arbiter in the American legal system and has the ability to set legal precedent. This decision will undoubtedly be a historic decision because this issue is not just about Trump but about American constitutional politics and executive power. The Court has an opportunity to make a major statement about the status of presidential immunity, or at least to establish clear standards for when immunity applies. The decision could decide whether future presidents and former presidents can be prosecuted.
Very important for Trump’s electoral future
Whatever the actual decision, it will be controversial. Former Speaker Nancy Pelosi said on X (formerly Twitter) that the Supreme Court was “putting itself on trial” by agreeing to hear the case. She clearly thinks the court should rule against the exemption: ”It remains to be seen whether the justices will uphold the fundamental American value that no one is above the law – not even a former president.” ‘Timing is everything It is not just the content of the decision that matters, but the timing too.
The Supreme Court will hear oral arguments the week of April 22. But they may not announce a decision until this summer. Trump will not be prosecuted the day after the Supreme Court gives its verdict on this matter. Even if the judge rules against the immunity theory, that trial would not immediately restart to give Trump’s legal team time to prepare.
Trump may also argue that he has the right to campaign without trial. The really important point here is that Trump’s trial almost certainly won’t happen before the next election. This delay is not a way for Trump to protect himself before Election Day. The Supreme Court case is also a way to keep oneself in the headlines.
What many perceive as negative publicity has only boosted his morale in the eyes of his supporters. This attention increases even more when it is related to an important constitutional decision. This case is not just a legal milestone, but a major factor in who will be elected President on November 5.
