[Source: Reuters]

The U.S. Supreme Court on Wednesday agreed to decide Donald Trump’s claim of immunity from prosecution for trying to overturn his 2020 election loss, giving him a boost as he tries to delay criminal prosecutions while running to regain the presidency.

The justices put on hold the criminal case being pursued by Special Counsel Jack Smith and will review a lower court’s rejection of Trump’s claim of immunity from prosecution because he was president when he took actions aimed at reversing President Joe Biden’s election victory over him.

The Supreme Court set the case for oral argument during the week of April 22 on a single question: “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.”
Trump, the first former president to be criminally prosecuted, is the frontrunner for the Republican nomination to challenge Biden, a Democrat, in the Nov. 5 U.S. election.

The case once again thrusts the nation’s top judicial body, whose 6-3 conservative majority includes three justices appointed by Trump, into the election fray. The Supreme Court also is due to issue a ruling on whether to overturn a judicial decision that barred Trump from Colorado’s Republican primary ballot based on a constitutional provision regarding insurrection.
The U.S. Court of Appeals for the District of Columbia Circuit on Feb. 6 ruled 3-0 against Trump’s immunity claim, rejecting his bid for “unbounded authority to commit crimes that would neutralize the most fundamental check on executive power – the recognition and implementation of election results.”

Smith was appointed by U.S. Attorney General Merrick Garland in November 2022. In August 2023, Smith brought four federal criminal counts against Trump in the election subversion case. A March 4 trial date was postponed as Trump pressed his immunity claim, with no new date yet set.
Trump has three other pending criminal cases, with a trial in New York state court concerning hush money paid to a porn star set to begin on March 25. Trump has pleaded not guilty in all of them, seeking to portray them as politically motivated.