The Supreme Court Knows What It Must Do With Trump’s Immunity Ploy

The U.S. Court of Appeals for the District of Columbia Circuit sharply denied former President Donald Trump’s claim to absolute immunity from criminal prosecution for his role in the Jan. 6 insurrection, in a Tuesday decision that tees up what’s likely to be an imminent showdown at the Supreme Court. The justices must now decide whether to halt the new ruling—an act that seems likely to push Trump’s criminal trial past the 2024 election—or allow proceedings at the trial court to move forward at a pace that might affect the election’s outcome. “Former President Trump’s alleged efforts to remain in power despite losing the 2020 election,” the court wrote, “were, if proven, an unprecedented assault on the structure of our government.” The court also rejected the notion that attempting to subvert the election and void its certification amounted to a series of “discretionary acts” inherent to the president’s power, that are “insulated from judicial review.” Trump, in short, “lacked any lawful discretionary authority to defy federal criminal law and he is answerable in court for his conduct.” And “it would be a striking paradox if the President, who alone is vested with the constitutional duty to ‘take Care that the Laws be faithfully executed,’ were the sole officer capable of defying those laws with impunity.” Related From Slate The Stakes Were Too High for Fani Willis to Do This The court’s reasoning boiled down to a simple proposition: “At bottom, former President Trump’s stance would collapse our system of separated powers by placing the President beyond the reach of all three Branches.” This position was, you may recall, taken by Trump’s attorney, John Sauer, who was asked at oral argument in this appeal whether presidential immunity would prevent the prosecution of a president who ordered SEAL Team Six to assassinate a political opponent. Trump can also ask the Supreme Court to weigh in, and halt the lower court’s order in the meantime—effectively freezing his trial until SCOTUS renders a decision.