FILE - President Donald Trump speaks during a rally in Washington on Jan. 6, 2021. The Supreme Court is hearing arguments this week with profound legal and political consequences: whether former President Donald Trump is immune from prosecution in a federal case charging him with plotting to overturn the results of the 2020 election. FILE - President Donald Trump speaks during a rally in Washington on Jan. 6, 2021.
Trump’s lawyers last October asked U.S. District Judge Tanya Chutkan, the trial judge overseeing the case, to dismiss the indictment on presidential immunity grounds.saying that for the purposes of this case, “former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant.”
They could also reverse the lower courts by declaring for the first time that former presidents may not be prosecuted for conduct related to official acts during their time in office. Such a decision would stop the prosecution in its tracks. If the justices rule against Trump and in favor of the government, the case would be returned to Chutkan, who would then be empowered to restart the clock on trial preparations and set a trial date.pending the outcome of Trump’s appeal. She’s also committed to giving prosecutors and defense lawyers time to get ready for trial if the case returns to her court.
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