Home » News » Court will decide if Trump has immunity from prosecution – 2024-04-28 02:30:52

Court will decide if Trump has immunity from prosecution – 2024-04-28 02:30:52

Atlanta (United States), 10/04/2024.- Former president Donald J. Trump speaks to reporters after arriving at Hartsfield-Jackson Atlanta International Airport, in Atlanta, Georgia, USA, 10 April 2024, before attending a political fundraiser. (Elecciones) EFE/EPA/EDWARD M. PIO RODA

He Supreme Court of USA listen to the oral arguments this Thursday to determine whether Donald Trump has judicial immunity and can evade criminal trial on the assault on the Capitol having been president of the country.

The hearing, which has already started, takes place in parallel with a new day of the trial against Trump in New York for falsifying accounting records to buy the silence of a porn actress in the 2016 election campaign.

Trump is charged with four criminal counts in federal court in Washington for his attempt to overturn the election he lost in 2020 against Joe Biden and having instigated the 2021 assault on the Capitol, but his defense requested that the trial be annulled, alleging that the Republican has immunity for having been president.

EA3205. WASHINGTON (UNITED STATES), 01/06/2024.- File photograph dated January 6, 2021 that shows supporters of outgoing President Donald Trump while they take over the Capitol in Washington, DC (USA). The shadow of the assault on the United States Capitol, which marks three years this Saturday, looms over the race for the November presidential elections, having become a weapon between the current president, Joe Biden, and his predecessor, Donald Trump, accused of instigating said attack. EFE/ Jim Lo Scalzo/ARCHIVE

Both the judge handling the case and the District of Columbia Court of Appeals They rejected the petition, so Trump took the case to the Supreme Court, which admitted it for study in February.

Although it is not stated in the Constitution or the laws, active presidents of the United States have historically enjoyed absolute immunity from judicial processes related to their functions in order to avoid a violation of the separation between the executive and judicial powers.

The Republican’s lawyers allege that former presidents also have criminal immunity for acts committed during their mandate, but the prosecution maintains that they cannot be above the law.

It is unknown when the Supreme Court will issue its ruling on Trump’s immunity, although it usually publishes its decisions in June, before the summer recess.

The prosecution is pressing to make a quick decision so that preparations for the trial of the assault on the Capitol can be restarted, which should have started on March 4.

Trump’s strategy, on the other hand, is to delay the judicial process until after the November elections, given that if he returns to the White House he could order the Department of Justice to drop the federal charges against him.

The decision made by the high court, with three of its nine judges appointed by Trump himself, will not only affect the pending trial in Washingtonbut also the one who has in Florida for having illegally taken classified documents and that of Georgia for having tried to overturn the elections in that state. EFE (I)

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