What to know as Supreme Court hears landmark presidential immunity case launched by Trump

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President Donald Trump arrives to speak at a rally protesting the electoral college certification of Joe Biden as President, Wednesday, Jan. 6, 2021, in Washington. (AP Photo/Evan Vucci)

The U.S. Supreme Court on Thursday will hear arguments over a question that could affect whether former president Donald Trump can be prosecuted over his efforts to undo his 2020 election loss to President Joe Biden.U.S. President Donald Trump arrives to speak at a rally protesting the electoral college certification of Joe Biden as president on Jan. 6, 2021, in Washington. The U.S.

"Federal criminal law applies to the President. Petitioner suggests that unless a criminal statute expressly names the President, the statute does not apply. That radical suggestion, which would free the President from virtually all criminal law — even crimes such as bribery, murder, treason, and sedition — is unfounded.

Smith's team argues their prosecution should continue regardless of the court's immunity ruling, as Trump is accused of engaging in something that doesn't constitute official acts — a scheme that included several unelected, unindicted private individuals to "remain in power by fraud."The immunity case affects, more than any other indictment, the federal election interference case originally scheduled for trial on March 4.

The nine-justice bench then heard arguments last week on whether prosecutors can use a particular obstruction charge against a Pennsylvania-based defendant facing charges in connection with the 2021 Capitol riot.Trump faces obstruction charges in Smith's prosecution, though many of the details — namely, an alleged scheme to put forward a new slate of Trump-friendly electoral college voters — differ greatly from the Pennsylvania defendant.

Crowds of demonstrators were in front of the Supreme Court in Washington, D.C., on Wednesday as oral arguments were presented in an important abortion case. The top court takes on another weighty matter on Thursday.

 

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