Supreme Court takes up Donald Trump's claim of 'absolute immunity' from criminal prosecution

The U.S. Supreme Court will decide whether a former president can be criminally prosecuted for his efforts to stay in power after the 2020 election.On the left and right, Supreme Court justices seem to agree on a basic truth about the American system of government: No one is above the law, not even the president.

But former President Donald Trump and his legal team are putting that foundational belief to the test on Thursday when the high court takes up the Republican's bid to avoid prosecution over his efforts to overturn his 2020 election loss to Democrat Joe Biden.Trump's lawyers argue that former presidents are entitled to absolute immunity for their official acts.

The election interference conspiracy case brought by special counsel Jack Smith in Washington is just one of four criminal cases confronting Trump, the first former president to face prosecution. He already is standing trial in New York on charges that he falsified business records to keep damaging information from voters when he directed payments to a former porn star to keep quiet her claims that they had a sexual encounter.

Justice Clarence Thomas, who would have prevented the enforcement of the subpoena because of Trump's responsibilities as president, still rejected Trump's claim of absolute immunity and pointed to the text of the Constitution and how it was understood by the people who ratified it. Phillip Bobbitt, a constitutional scholar at Columbia University's law school, said he worries about the delay, but sees value in a decision that amounts to "a definitive expression by the Supreme Court that we are a government of laws and not of men."

"If it was going to take the case, it should have proceeded faster, because now, it will most likely prevent the trial from being completed before the election. Even Richard Nixon said that the American people deserve to know whether their president is a crook. The Supreme Court seems to disagree," Roosevelt said.

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