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Supreme Court Asked to Decide Whether Former President Donald Trump Has Immunity from Prosecution for His Actions Seeking to Overturn the 2020 Election

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Key takeaways:

  • Special Counsel Jack Smith has asked the Supreme Court to decide whether former President Donald Trump has immunity from prosecution for his actions seeking to overturn the 2020 election.
  • The question is a fundamental one at the heart of the nation’s democracy.
  • If the court decides to take up the case, it could have far-reaching implications for the power of the presidency and the ability of former presidents to be held accountable for their actions.

The Supreme Court was asked on Monday to decide whether former President Donald Trump has immunity from prosecution for his actions seeking to overturn the 2020 election. Special Counsel Jack Smith said it was “of imperative public importance” that the high court decide the question so that Trump’s trial, currently scheduled for March, can move forward as quickly as possible.

Smith filed a petition with the Supreme Court, asking it to take up the case and resolve the question of whether presidential immunity protects Trump from prosecution for crimes related to his efforts to reverse his defeat in the 2020 election. Smith argued that the question is a fundamental one at the heart of the nation’s democracy.

Trump lost his claim of absolute immunity at the district court and has appealed that ruling to the DC Circuit Court of Appeals. However, Smith is now asking the Supreme Court to weigh in on the matter, rather than waiting for the appeals court to hear the case.

The Supreme Court has yet to respond to Smith’s petition. If the court decides to take up the case, it could have far-reaching implications for the power of the presidency and the ability of former presidents to be held accountable for their actions. It is unclear how long the court will take to decide whether or not to hear the case.

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