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Donald Trump
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US Supreme Court to decide Donald Trump criminal immunity claim in 2020 election case

  • The justices put on hold the criminal case being pursued by Special Counsel Jack Smith, and will review a lower court’s rejection of the ex-US president’s claim
  • Trump’s lawyers had warned of dire consequences for future presidents the prosecution is allowed, such as partisan prosecutions, extortion, blackmail and more

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Former US President Donald Trump stands on stage during a campaign event in Las Vegas in January. Photo: TNS
Reuters

The US Supreme Court on Wednesday agreed to decide Donald Trump’s claim of immunity from prosecution on charges brought by a special counsel involving his efforts to overturn his 2020 election loss, again thrusting the nation’s top judicial body into the election fray as Trump seeks 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.

Trump’s lawyers had requested a stay of that ruling, warning of dire consequences for the presidency absent such immunity.

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The justices 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.”

US Special Counsel Jack Smith makes a statement to reporters in Washington in August 2023. Photo: Reuters
US Special Counsel Jack Smith makes a statement to reporters in Washington in August 2023. Photo: Reuters

The US Court of Appeals for the District of Columbia Circuit on February 6 ruled 3-0 against Trump’s immunity claim, rejecting his bid for “unbounded authority to commit crimes that would neutralise the most fundamental check on executive power – the recognition and implementation of election results”.

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