February 13, 2024

Trump Turns to Supreme Court to Prevent Prosecution

Donald Trump is throwing a Hail Mary in the hopes of blocking these federal cases from seeing the inside of a courtroom.

Trump’s defense team is now asking the Supreme Court to stay an order that was issued by the lower courts.

Ultimately, Trump is seeking to have the Supreme Court rule that his actions and words on January 6 were part of his presidential duties and he is immune from prosecution.


In the filing, Trump’s attorneys wrote that the Supreme Court should block the lower court ruling to "forestall, once again, an unprecedented and unacceptable departure from ordinary appellate procedures and allow President Trump's claim of immunity to be decided in the ordinary course of justice.”

The filing continued, "President Trump’s claim that Presidents have absolute immunity from criminal prosecution for their official acts presents a novel, complex, and momentous question that warrants careful consideration on appeal.”

Trump’s legal team is presenting this as though any action done by a president while in the Oval Office should be protected, but that issue has already been settled.

The court has previously ruled that presidents do not have absolute immunity.

That immunity only exists as far as presidential duties are concerned.

For instance, Obama is immune from prosecution for an errant drone strike because that strike was ordered in his role as commander-in-chief.

It turned out the intelligence was wrong, and the strike hit a wedding party, but there was no malicious or personal intent on Obama’s part.

So, the court will have to decide if the “Stop the Steal” rally was the act of a president trying to ensure there was no election fraud or was the role of a presidential candidate fighting the outcome of the election.

I do see a problem with the lower court ruling, and that was in the wording of the ruling.

That decision did not specifically differentiate, only stating that “citizen Trump” cannot benefit from the immunity defense he enjoyed while president.

In reality, this is not about citizen Trump being held accountable for the actions of a president that someone deemed inappropriate.

It is about the act itself being under the purview of the president or an act as a citizen as someone who also happens to be the president… and that is a HUGE difference.

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