The Supreme Court will hear arguments on whether former President Donald Trump is immune from prosecution in Special Counsel Jack Smith’s election interference case on April 25.
The Supreme Court last week agreed it would review whether Trump has immunity from prosecution in Smith’s case and said it would fast-track the appeal.
A ruling from the high court is expected by late June.
Trump’s criminal trial has been put on hold pending resolution on the matter.
Trump and his legal team, in requesting the Supreme Court review the issue of presidential immunity, said that ‘if the prosecution of a President is upheld, such prosecutions will recur and become increasingly common, ushering in destructive cycles of recrimination.’
‘Criminal prosecution, with its greater stigma and more severe penalties, imposes a far greater ‘personal vulnerability’ on the President than any civil penalty,’ the request states. ‘The threat of future criminal prosecution by a politically opposed Administration will overshadow every future President’s official acts — especially the most politically controversial decisions.’
Trump’s request states that the president’s ‘political opponents will seek to influence and control his or her decisions via effective extortion or blackmail with the threat, explicit or implicit, of indictment by a future, hostile Administration, for acts that do not warrant any such prosecution.’
Smith charged the former president with conspiracy to defraud the United States; conspiracy to obstruct an official proceeding; obstruction of and attempt to obstruct an official proceeding; and conspiracy against rights. Those charges stemmed from Smith’s investigation into whether Trump was involved in the Jan. 6 Capitol riot and any alleged interference in the 2020 election result.
Trump pleaded not guilty to all charges in August.
This will be the second time this term the Supreme Court will hear a case involving the presumed Republican presidential nominee.
On Monday, the Supreme Court sided unanimously with the 2024 GOP frontrunner in his challenge to Colorado’s attempt to kick him off the 2024 primary ballot.
The high court ruled in favor of Trump’s arguments in the case, which will impact the status of efforts in several other states to remove the likely GOP nominee from their respective ballots.
The court considered for the first time the meaning and reach of Article 3 of the 14th Amendment, which bars former officeholders who ‘engaged in insurrection’ from holding public office again. Challenges have been filed to remove Trump from the 2024 ballot in over 30 states.
In reacting to that ruling on Monday, Trump shifted his sights to the issue of presidential immunity.
‘A great win for America. Very, very important!’ Trump told Fox News Digital in an exclusive interview Monday morning.
‘Equally important for our country will be the decision that they will soon make on immunity for a president — without which, the presidency would be relegated to nothing more than a ceremonial position, which is far from what the founders intended,’ Trump told Fox News Digital. ‘No president would be able to properly and effectively function without complete and total immunity.’
He added, ‘Our country would be put at great risk.’
Fox News’ Shannon Bream and Bill Mears contributed to this report.
