Does Trump have immunity from prosecution for having been president?

The United States Supreme Court will hold an unprecedented hearing on Thursday to listen to the arguments for and against Donald Trump’s attempt to save himself from the trial of the assault on the Capitol, claiming that he has criminal immunity for having been president of the country.

The decision made by the high court will not only affect the criminal trial pending in Washington, but also the process that Trump has in Florida for having taken classified documents and the one he has in Georgia for having tried to overturn the elections in that state..

It will also set the course of the electoral campaign for the elections on November 5in which the Republican will fight again with the current president, Democrat Joe Biden.

What is being said?

The question that the Supreme Court must resolve is whether a former president enjoys presidential immunity from criminal prosecution for official acts carried out during his mandate.

The Republican’s defense has requested that the four criminal charges against the New York magnate be dismissed in Washington for his alleged attempt to overturn the 2020 election results and instigating the 2021 assault on the Capitol, claiming that he has immunity for having been president.

Do not miss: Judge postpones possible punishment of Donald Trump

Both the judge in the case and an appeals court have rejected the petition, so Trump elevated the case to the Supreme Court, which in February admitted studying it..

The country’s highest judicial authority has never ruled on such an issue, given that a former president had never been criminally charged..

What arguments are there for and against?

Jurisprudence in the United States establishes that sitting presidents cannot be criminally prosecuted so as not to violate the separation of powers between the executive and the judiciary..

Trump’s lawyers defend that when they are former presidents they should also enjoy that immunity because, otherwise, the presidents would not be independent in their decision-making for fear of being judged when leaving office..

It may interest you: Biden and Trump secure the Pennsylvania primaries

Jack Smith, the prosecutor prosecuting the case, maintains that no one is above the law and that the mere fact that no other former president in history has been indicted before shows that Trump’s conduct is unprecedented.

What does Nixon have to do with it?

In separate briefs sent to the Supreme Court, the defense and the prosecution invoke the figure of former President Richard Nixon (1969-1974), who was sued by an Air Force employee who was unfairly fired by the president.

Regarding that case, the Supreme Court ruled in 1982, when Nixon was no longer in the White House, that former presidents cannot be prosecuted civilly for actions they carried out while they were in office..

Consultation: Biden hits Trump; This is how the survey positions them in the presidential race

Trump alleges that if former presidents are immune from civil proceedings, they should also be immune from criminal proceedings because these represent a much greater intrusion on the independence of the presidents..

But Smith maintains that the pardon that Nixon received from his successor, Gerald Ford, against any possible accusation for the Watergate scandal, which had led to his resignation in 1974, shows that Former presidents can be prosecuted.

Why are times important?

The Supreme Court usually issues its rulings in June, before the summer recess, but prosecutors are pushing for a quick decision. and the preparations for the trial of the assault on the Capitol can be restarted, which It should have started on March 4.

Also, read: Man dies after catching fire outside court at Trump trial

Trump’s strategy, on the other hand, is to delay all judicial processes until after the November electionsgiven that if he returns to the White House he could order the Department of Justice to shelve the federal charges against him.

The mere fact that the high court, with three of its nine judges appointed by Trump himself, admitted the immunity case to study already represented a victory for the Republican because it delayed the judicial calendar..

* * * Stay up to date with the news, join our WhatsApp channel * * *

O.A.