Sorting by


Presidential Immunity Debate in Trump’s 2020 Election Case


The question of whether former President Trump can claim presidential immunity in the federal case regarding the 2020 election interference is at the center of a legal tug-of-war.

A Legal Tug-of-War 🏛️

Special Counsel Jack Smith recently brought this issue to the Supreme Court, seeking a determination on Trump’s broad invocation of immunity to avoid prosecution.

Trump’s legal team contends that he was acting within his official capacities when he promoted theories about election fraud and attempted to overturn the election results, thus warranting immunity.

Key Updates: However, the Supreme Court has declined Smith’s request for an immediate acceleration of the case review. This decision introduces uncertainty into the timeline of Trump’s trial, initially scheduled to begin on March 4.


What’s Next: The matter now falls to the U.S. Court of Appeals for the District of Columbia Circuit, set to begin oral arguments on the immunity question next month. Following this, the Supreme Court may choose to review any appeals arising from the lower court’s decision.

Potential Delays: This ongoing appellate process could potentially delay Trump’s trial, possibly pushing it further into the 2024 campaign season, or even beyond the election.

Broader Implications: The proceedings and outcomes of this federal case may also have significant ramifications on a separate racketeering case in Fulton County, Georgia. This case involves Trump and several associates accused of attempting to subvert Georgia’s 2020 election results. The legal resolution of Trump’s claim to presidential immunity could have a profound impact on the trajectory of these cases and the broader political landscape.