The U.S. Supreme Court Wednesday afternoon issued an order saying it will hear Donald Trump’s claim that he cannot be prosecuted in the Jan. 6 attempted coup case brought by Special Counsel Jack Smith. Trump has been claiming that he has absolute immunity from prosecution because he served as president. A Trump attorney had argued that as president he could order a team of Navy Seals to murder his political opponents and not be prosecuted. In its notice that it would hear the case, the court indicated that it might take a narrow view and rule only in general terms on whether a president is immune from prosecution for official acts related to official duties and avoid touching the specific criminal case brought by Smith.
The Supreme Court’s involvement means that the case brought in a District of Columbia federal court cannot move forward for now. The court said it would hear oral arguments on or about April 22. The Supreme Court could rule quickly on whether a president has absolute immunity from prosecution or it could push off a decision until its next term, which begins in October.
If the court sides with Trump, it would mean that any charges alleging interference with the 2020 election and transfer of power to President Biden would be dropped. If the court rules against Trump, the start of his trial in the case brought by Smith would be delayed, possibly until after the election, which would benefit Trump.
Federal Judge Tanya Chutkan, who is presiding in the case brought by Smith, refused to dismiss the charges when Trump’s attorneys asked her to do so based on Trump being immune from prosecution.
