The Supreme Court has scheduled a special session to hear arguments over whether former President Donald Trump can be prosecuted over his efforts to overturn his 2020 election loss to President Joe Biden. Trump has been charged with conspiring to overturn the election results in federal court in Washington, among other criminal cases. The court is moving quickly on this case, but questions remain about whether there will be enough time for a trial before the November election.
The issue at hand is whether a former president is immune from criminal prosecution for actions taken during their time in office. This is a question the Supreme Court has never had to answer, as no former president has faced criminal charges before. Both Trump’s defense team and prosecutors point to the lack of previous prosecutions to support their arguments. Trump’s team argues that presidents would lose their independence if they knew their actions in office could lead to criminal charges once they left office.
Trump’s defense team is invoking the Nixon v. Fitzgerald case from 1982, which held that former presidents cannot be sued in civil cases for their actions while in office. They argue that this decision extends to criminal prosecutions. Prosecutors, on the other hand, point to Nixon’s resignation and acceptance of a pardon as evidence that past presidents have faced potential criminal liability. The timing of the trial is crucial, as Trump seeks to delay it until after the election, while prosecutors are pressing for a quick decision from the Supreme Court.
Trump is represented by D. John Sauer, a former Rhodes Scholar and Supreme Court clerk to Justice Antonin Scalia. He has experience arguing cases at the Supreme Court and has filed legal briefs challenging Biden’s victory in 2020. On the other side, Michael Dreeben, a longtime Justice Department official who was part of the investigation into Russian interference in the 2016 election, is representing the prosecution. Of the nine justices hearing the case, three were nominated by Trump, but the presence of Justice Clarence Thomas, who has ties to Trump and attended the rally preceding the Capitol riot, has sparked controversy.
Despite calls for him to recuse himself from cases involving Trump, Thomas has participated in decisions related to the 2020 election and the Capitol riot. The outcome of this case could have significant implications for future actions taken by former presidents and their potential criminal liability. The Supreme Court’s decision, which may come in late June, will determine whether a trial can proceed before the November election.
