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Former President Donald Trump is set to appeal to the U.S. Supreme Court this week, seeking to reverse a ruling that removed him from Colorado’s Republican primary ballot.
Trump argues that the constitutional provision cited by opponents, related to the Jan. 6 Capitol attack, does not apply to him as a former president.
This appeal may serve as a precedent for his broader assertion of immunity in multiple legal challenges he faces.
Bold Claims of Immunity:
Amidst four criminal cases and civil litigation, Trump consistently asserts a bold argument – that he is formally immune or not subject to these legal challenges.
Legal experts note the unprecedented nature of Trump’s claims, arguing that he is attempting to place himself above the law.
This includes a defense suggesting a president could be immune from criminal charges related to actions like ordering an assassination unless impeached by Congress.
Supreme Court Confronts Novel Questions:
The Supreme Court, with a conservative majority including three Trump appointees, is scheduled to hear Trump’s appeal regarding his disqualification from Colorado’s ballot.
The case involves the 14th Amendment, with Trump contending that he is not an “officer of the United States” under Section 3, which bars those engaged in insurrection from holding public office.
The court may face broader questions of presidential immunity.
Historical Precedents and Presidential Immunity:
Historically, the Supreme Court has recognized limited presidential immunity, distinguishing between official and personal conduct.
Trump, however, pushes for a more expansive view of immunity. Legal analysts expect the Supreme Court to reject Trump’s claim but acknowledge the non-frivolous nature of the arguments presented.
Trump’s immunity claims extend to various legal battles, including efforts to overturn the 2020 election, a Georgia criminal case on election interference, civil lawsuits related to the Capitol riot, and a defamation lawsuit by E. Jean Carroll.
The former president has consistently portrayed immunity as essential for the functioning of the presidency.
Potential Consequences and Criticisms:
Legal experts express doubt about Trump prevailing on the immunity issue at the Supreme Court.
However, if he does, they warn of the consequences, suggesting it would set a dangerous precedent that presidents can disregard the Constitution and federal law without consequences.
Critics emphasize the troubling message such a victory would send, regardless of the election outcome.
