Supreme Court Takes Up Trump Presidential Immunity Appeal

The Supreme Court agreed Wednesday to take up former President Donald Trump’s presidential immunity appeal.

The decision to hear Trump’s appeal means the trial in his election interference case in the lower court will remain on hold. The justices scheduled oral arguments for the week of April 22, 2024.

“The Special Counsel’s request to treat the stay application as a petition for a writ of certiorari is granted, and that petition is granted limited to the following question: Whether and if so to what extent does a former President enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office,” the order states. “Without expressing a view on the merits, this Court directs the Court of Appeals to continue withholding issuance of the mandate until the sending down of the judgment of this Court.”

The D.C. Circuit Court of Appeals found early February that Trump was not immune from prosecution in his election interference case brought by special counsel Jack Smith. Trump asked the Supreme Court earlier this month to stay the D.C. Circuit Court of Appeals decision.

Smith responded by telling the justices further delay in Trump’s trial violates the public interest in a “speedy and fair verdict.” The case is on hold in the lower court pending the resolution of Trump’s appeal.

The presidential immunity appeal marks the second time this year that the Supreme Court agreed to consider a high-profile issue involving the former president. The justices considered Trump’s eligibility for the 2024 ballot under the 14th Amendment on Feb. 8 after the former president appealed a Colorado ruling disqualifying him from the ballot.

In April, the justices will also hear a case considering the scope of an obstruction statute used to charge hundreds of Jan. 6 defendants, which is also connected to two of the four charges in Trump’s indictment.