United States v. Trump, No. 23-cr-257 (D.D.C., Dec. 1., 2023) (immunity memorandum opinion)
United States v. Trump, No. 23-3190 (D.C. Cir., Dec. 8., 2023) (gag order) United States v. Trump, No. 23-624 (2023) (certiorari before judgment)
United States v. Trump, No. 23-3228 (D.C. Cir., Feb 6, 2024) (immunity)
Questions presented
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.
In Nixon v. Fitzgerald (1982), the Supreme Court held that the president is immune from prosecution in civil cases in regards to official acts. The Court clarified in Clinton v. Jones (1997) that the president is liable for civil damages for actions committed prior to assuming the presidency. The Supreme Court cases United States v. Nixon (1974) and Trump v. Vance (2020) limit the president's privilege within the judicial process; in Trump v. Vance, chief justice John Roberts wrote that the president is not "categorically above the common duty to produce evidence when called upon in a criminal proceeding".[1]
Three separate civil lawsuits filed against Donald Trump filed by several Congresspersons and Capitol police officers sought damages for Trump's actions from the Capitol attack on January 6, 2021. Trump asserted presidential immunity for that case. In February 2022, District Court for the District of Columbia judge Amit Mehta rejected former president Donald Trump's claims of immunity in reference to the January 6 Capitol attack, allowing the civil trials to proceed.[1] The D.C. Court of Appeals upheld Mehta's opinion in a unanimous decision in December 2023. However, the ruling also stated that Trump may argue the immunity question later in the civil trial.[2] Trump opted not to appeal this decision to the Supreme Court.[3]
Among other legal actions, lawyers for Trump requested the dismissal of those charges in October 2023 based on presidential immunity. Attorney John Lauro argued that Trump's claims of electoral irregularities and voter fraud were "efforts to ensure election integrity", a responsibility of the president. According to Lauro, Trump's attempts to validate his claims through the Department of Justice and the fake electors plot cannot be criminally prosecuted as "official duties" as president.[7] Federal prosecutors asserted that Trump's claims of presidential immunity were not supported by the Constitution or legal precedent.[8]
Lower court history
On December 1, 2023, judge Tanya Chutkan rejected Trump's claims of presidential immunity.[9] Trump appealed the ruling to the Court of Appeals for the District of Columbia Circuit on December 7, seeking to pause the case;[10] Smith sought to bypass the circuit court request that the Supreme Court decide the issue of presidential immunity, urging the Court to rule swiftly.[11][12] The Supreme Court opted not to hear the case in an order issued on December 22, 2023, returning the case to be heard to completion by the circuit court.[13]
The circuit court ruled on February 6, 2024, that Trump did not have presidential immunity. The unanimous three-judge panel stated that the public interest in holding presidents liable "outweighs the potential risks of chilling Presidential action", and that allowing for presidential immunity would be an "unbounded authority to commit crimes".[14]
Supreme Court
On February 12, 2024, Trump appealed to the Supreme Court to request a stay on the ongoing trial while he sought an en banc hearing from the D.C. Circuit Court.[15] In response, Smith filed his own brief on February 14, 2024, urging the Supreme Court to deny Trump's request and citing the urgency of the pending 2024 presidential election. Smith also requested that if the Supreme Court took the case, to treat Trump's request as a petition for certification, and put the case on an expedited schedule.[16]
On February 28, 2024, the Supreme Court agreed to hear the case, later setting arguments for April 25. The court also maintained the stay on the trial until their decision was made.[17]
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