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The US Supreme Court has agreed to hear an appeal on whether Donald Trump is immune from criminal prosecution for acts committed in office, putting another potentially blockbuster case involving the former president on the High Court’s docket ahead of the election of 2024.
Wednesday’s order will further delay the trial in a criminal case brought by the Justice Department that accuses Trump of trying to overturn the results of the 2020 election. It will also give the High Court – whose three members were appointed by the former president – the chance to issue a historic ruling on an issue that could have major consequences for the next election, as well as for the presidency more generally.
The Supreme Court has scheduled oral arguments on the issue for the week of April 22, with a decision expected on the case by the end of its term, which usually ends in late June.
The appeal stems from a unanimous ruling issued earlier this month by the U.S. Court of Appeals for the District of Columbia Circuit that barred Trump from using presidential immunity as a shield against DoJ prosecution.
Trump’s lawyers later asked the Supreme Court to stay the order while Trump appealed the decision. They argued that “the proposition that presidents have absolute immunity from criminal prosecution for their official acts presents a new, complex, and important issue that deserves careful consideration on appeal.”
The Supreme Court said the appellate court order will remain in abeyance until the matter is resolved. The federal election process was originally due to begin on March 4, but has been postponed.
If the court had not heard the case, the lower appeals court’s ruling would have remained in place and proceedings in the lower court could have resumed shortly. It is unclear now whether Trump will face trial before the November election, when he will likely face Joe Biden in a 2020 rematch.
Daniel Richman, a professor at Columbia Law School, said that even if the high court decides the case quickly, “the decision that the prosecution can proceed will leave the district court struggling to schedule a trial before the general election.”
“The arguments that Trump and the people have a strong interest in presenting their views to the electorate under the First Amendment are substantial and could advise against asking him to sit on the floor instead of campaigning,” he added.
Jack Smith, the Justice Department special counsel overseeing the federal investigation against Trump, had warned the Supreme Court that a “delay in resolving matters [the election] the charges threaten to frustrate the public interest in a speedy and fair verdict.”
The DoJ declined to comment. The Trump campaign said in a statement that a president “must be free to determine what is right for our country without undue pressure. If there is no immunity, the presidency, as we know it, “will no longer exist.”
Trump recently suffered a series of setbacks in court, including a fine of more than $450 million, including interest, in a civil suit alleging “blatant” fraud committed by his real estate empire. A New York appeals court judge on Wednesday refused to stay the execution of that ruling while Trump appeals.
He faces a total of 91 criminal charges in four separate cases. The DoJ and the state of Georgia accused Trump of meddling in the 2020 election. A separate federal indictment accused him of mishandling sensitive government documents.
The first case to go to trial will be brought by Alvin Bragg, the Manhattan district attorney, who alleged that Trump made “hush” payments to porn actress Stormy Daniels in the run-up to the 2016 election. The proceedings will begin on March 25.
The Supreme Court previously rejected Smith’s request to bypass the D.C. Circuit and immediately hear the issue of presidential immunity last year.
The High Court has already ruled on presidential immunity against civil suits, but has yet to address the issue in relation to criminal charges.
The Supreme Court also took up another politically sensitive case involving Trump. He is set to decide whether he can be barred from Colorado’s presidential primary, after a ruling by that state’s high court found he was unfit to hold the office. Oral arguments in the case were heard earlier this month.