Against the backdrop of a divisive 2024 presidential campaign, the U.S. Supreme Court on Thursday will take up the monumental question of whether a former president turned presumptive GOP nominee can be criminally prosecuted for his efforts to stay in power after the last election.
The fate of his federal criminal Jan. 6 trial hinges on the court's decision.Stream New York's #1 news - Accuweather - original content 24/7
"Denial of criminal immunity would incapacitate every future President with de facto blackmail and extortion while in office, and condemn him to years of post-office trauma at the hands of political opponents," they argued. Smith, the special counsel, argues in his brief to the high court that Trump's assertion lacks any historical precedent and undermines the founders' vision of a presidency restrained in power.
Most legal analysts say it's highly unlikely the Supreme Court -- with its conservative majority and three Trump appointees -- will endorse Trump's sweeping assertion of "absolute immunity." In a 2020 decision, the same court rejected a similar immunity claim by Trump in his attempt to reject a grand jury subpoena for his tax returns.
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