Trump v. United States is the better known of the two April cases; indeed, it is notorious, because of how extreme Trump’s claims are. He is arguing that former Presidents are immune from criminal prosecution for any allegedly “official acts” that took place during their terms, unless they are impeached by the House and convicted by the Senate first.
The Department of Justice has used it against more than three hundred and forty January 6th defendants, and Jack Smith is using it for two of the four felony charges he has brought against Trump . More than a dozen district-court judges allowed the charge; the one overseeing Fischer’s trial did not. A three-judge panel for the Court of Appeals for the D.C. Circuit overturned that ruling, 2-1, but the majority was itself divided about how to use the law.
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