Supreme Court sidesteps decision on Trump presidential immunity claim in federal election interference case - eviltoast

FTA:

“The court denied without comment special counsel Jack Smith’s request asking the justices to circumvent the normal appeals court process and quickly decide the question, which looms large in Trump’s prosecution in Washington over allegations of election interference.”

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    11 months ago

    This is the best summary I could come up with:


    WASHINGTON — Steering clear of a political firestorm for now, the Supreme Court said Friday it would not immediately decide the key question of whether Donald Trump has broad immunity for actions he took as president challenging his 2020 election loss.

    The court denied without comment special counsel Jack Smith’s request asking the justices to circumvent the normal appeals court process and quickly decide the question, which looms large in Trump’s prosecution in Washington over allegations of election interference.

    In asking the court to step in on an expedited basis, Smith said the case “presents a fundamental question at the heart of our democracy: whether a former President is absolutely immune from federal prosecution for crimes committed while in office.”

    On Dec. 7, Washington-based U.S. District Judge Tanya Chutkan denied Trump’s motion to dismiss his indictment on presidential immunity and constitutional grounds.

    Trump’s lawyers argue that his role in questioning the result of the election was within the “outer perimeter” of his official responsibilities as president, citing a 1982 Supreme Court ruling about presidential immunity.

    They also say the Senate’s acquittal of Trump following impeachment proceedings over his role in events that led to the Jan. 6, 2021, attack on the U.S. Capitol means he cannot be separately prosecuted for the same actions.


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