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WASHINGTON, DC – The U.S. Supreme Court has granted former President Donald Trump’s request to decide if he is immune from prosecution on charges of attempting to overturn the results of the 2020 election.
That question has already delayed what was an expedited schedule for the prosecution. A federal grand jury in D.C. indicted Trump on four counts on August 1, 2023, and after legal back-and-forth between Smith and Trump’s legal team, the court set a March 4, 2024 trial date. The order setting argument on immunity for April 22 is a blow to Smith on the calendar. Rather than granting a stay, it has constructively created such a stay by scheduling the argument. Keep in mind, even if Smith prevails, pre-trial work must wait for the return of the mandate“Even if the Court issues a decision before June in favor of the government, the trial court must hash out discovery and other motions,” he continued.
If the court rejects the position of Smith and the lower court, it might agree with Trump that his actions in the indictment fall within the “outer perimeter” of his official duties as president, rule that all the relevant facts alleged fall within that outer perimeter, and therefore he enjoys absolute immunity. That would doom Smith’s prosecution as well as several state-level prosecutions for election interference against Trump.
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