Trump, who has pleaded not guilty, is trying to dismiss the case on the grounds that as a former president, he has "absolute immunity" from criminal prosecution for any "official acts" committed during his time.
The United States Supreme Court has commenced hearing to determine whether a former president, Donald Trump, can be criminally prosecuted for his efforts to stay in power after the last election.
The case, titled Donald J. Trump v. United States, presented the court with an unprecedented constitutional quandary caused by equally unprecedented actions taken by former President Donald Trump following the 2020 presidential election, which he lost to Joe Biden by 7 million popular votes.
The verdict could determine whether Trump faces a federal trial this year on four felony charges brought by special counsel Jack Smith, including conspiracy to defraud the United States and obstruction of an official proceeding, for attempting to reverse the electoral vote count that certified Biden''s victory.
Trump, who has pleaded not guilty, is trying to dismiss the case on the grounds that as a former president, he has "absolute immunity" from criminal prosecution for any "official acts" committed during his time.
He is the first American president, whether current or previous, to face criminal accusations.
"The President cannot function, and the Presidency itself cannot retain its vital independence, if the President faces criminal prosecution for official acts once he leaves office," Trump''s attorneys wrote in their opening brief to the high court.
Denial of criminal immunity would incapacitate every future President with de facto blackmail and extortion while in office, and condemn him to years of post-office trauma at the hands of political opponents," they argued.
Two courts have resoundingly rejected the former president''s immunity arguments, including a unanimous three-judge panel of the U.S. Court of Appeals for the District of Columbia.
"Former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant," the panel wrote. "Former President Trump lacked any lawful discretionary authority to defy federal criminal law and he is answerable in court for his conduct."
The appeals court warned that if Trump''s constitutional theory were accepted, it would "collapse our system of separated powers" by putting a president above the law.
Denial of criminal immunity would incapacitate every future President with de facto blackmail and extortion while in office, and condemn him to years of post-office trauma at the hands of political opponents," they argued.
Two courts have resoundingly rejected the former president''s immunity arguments, including a unanimous three-judge panel of the U.S. Court of Appeals for the District of Columbia.
"Former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant," the panel wrote. "Former President Trump lacked any lawful discretionary authority to defy federal criminal law and he is answerable in court for his conduct."
The appeals court warned that if Trump''s constitutional theory were accepted, it would "collapse our system of separated powers" by putting a president above the law.
Smith, the special counsel, argues in his brief to the high court that Trump''s assertion lacks any historical precedent and undermines the founders'' vision of a presidency restrained in power.
"The effective functioning of the presidency does not require that a former president be immune from accountability for these alleged violations of federal criminal law," the he wrote the justices. "To the contrary, a bedrock principle of our constitutional order is that no person is above the law -- including the President."
A trial date in Smith''s federal election case against Trump was initially set for March 4 in U.S. District Court but was delayed awaiting a final decision by the Supreme Court. A ruling on the immunity claim is expected before July, as soon as mid-May.
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