“IThey must act quickly. » The American Supreme Court is considering this Thursday, April 25, the criminal immunity invoked by Donald Trump as former President of the United States. Unless there is a huge surprise, it should reject his request but the scope of its decision will essentially depend on its speed in ruling.
The nine judges, who make up the highest court in the United States, will have to rule shortly so that the federal trial targeting the Republican, accused of having tried to reverse the results of the 2020 election won by Joe Biden, please stand. The trial, initially scheduled for March, has been postponed sine die due to the referral to the Supreme Court on February 28.
A “narrow” window
Donald Trump, targeted by four separate procedures, is doing everything to go to trial as late as possible, at least after the November election. Because if he were elected again, he could, once invested in January 2025, order an end to federal proceedings against him.
“There is one window left but it is narrow and it closes. They have to act quickly, in which case there is a chance that the trial could begin in the fall, at the end of August or the beginning of September,” explains former federal prosecutor Randall Eliason, professor, to Agence France-Presse (AFP). in criminal law at George Washington University.
“The Court must really take into account the fact that this is a unique case,” he believes. We’ve never had a situation before where a defendant potentially has the ability to have their own indictment overturned, if they win the election. And then, there will never be a trial,” he warns.
Targeted by four procedures
His trial for suspicious payments during the 2016 campaign, which finally began on April 15 in New York, could be the only one to reach an outcome before the vote.
The most politically charged case, the federal case for the 2020 election investigated by special prosecutor Jack Smith, is suspended until the Supreme Court decides on this question of criminal immunity of a former president.
The defense presents such immunity as essential for the president to “properly fulfill his functions” and emphasizes that no predecessor of Donald Trump has been criminally prosecuted.
READ ALSO Donald Trump in New York: the ingredients of an exceptional trial “This indictment is a historic first because of the particular seriousness of the alleged behavior,” replies the special prosecutor in his written arguments. “The severity, scope and damage caused to democracy by the alleged crimes is unique in American history,” he insists.
The vast majority of legal experts predict a dismal failure for Donald Trump, as at first instance and then on appeal, despite the conservative majority of the Supreme Court, of which he appointed three of the nine members.
