In an ongoing legal battle, a federal appeals court in Washington is set to decide whether former President Donald Trump should be granted immunity for alleged crimes committed during his presidency. Trump's attorneys and special counsel Jack Smith are scheduled to present oral arguments next Tuesday. Until the appeals court and potentially the Supreme Court weigh in on the matter, the federal election subversion case remains on hold.
Attention is now focused on Trump's expected appeal to the Supreme Court after being removed from the ballot in Colorado two weeks ago. Although a challenge was filed in a state court in Maine, the matter ultimately requires the Supreme Court's clarity regarding ballot eligibility under the 14th Amendment of the Constitution. Thus, the urgency of Trump's filing his appeal cannot be overstated.
Meanwhile, the Republican Party in Colorado has already lodged its appeal, effectively putting Trump's removal from the ballot on hold. In the absence of prompt action by the Supreme Court, he is expected to appear on the primary ballot. However, should Trump fail to file his own appeal, the Supreme Court may still consider the party's appeal. This decision is vital for the resolution of the issue and to provide state authorities and candidates with a clear understanding of ballot eligibility for future elections.
Turning to Trump's bid for immunity in the election subversion case, oral arguments are scheduled before the Court of Appeals next Tuesday. Trump's legal team recently filed a brief reiterating their stance that he should not face criminal charges for his actions while in office. Citing a tradition of not prosecuting presidents for official acts spanning over 234 years, they argue that his actions related to the events of January 6th do not fall within his presidential duties and should be protected.
However, a lower court found that the actions in question were not protected under official duties and that granting absolute immunity would potentially enable presidents to commit crimes to retain power. Despite sources close to Trump's legal team expressing doubts about a favorable outcome on the issue of immunity, the strategy appears to revolve around prolonging the case. Supporters of this strategy estimate a 50-50 chance of the case being resolved this year due to the ongoing delay caused by the immunity question.
This legal battle presents various fascinating constitutional questions, and the unprecedented nature of these proceedings has been emphasized repeatedly. As the nation eagerly awaits the resolution of these legal debates, time remains a crucial factor in determining the ultimate outcome.
