Supreme court to hear Trump immunity claim in election interference case

The US supreme court agreed on Wednesday to take up the unprecedented claim that Donald Trump has absolute immunity from prosecution in the criminal case over his efforts to overturn the 2020 election results, throwing into jeopardy whether it goes to trial before the 2024 election.

The justices set oral arguments for the week of 22 April to consider a recent ruling by a three-judge panel at the US court of appeals for the DC circuit, which categorically rejected Trump’s immunity claim in a decision earlier this month.

Trump’s criminal case will remain on hold until the supreme court ultimately rules on the matter, inserting it into the politically charged position of potentially influencing whether Trump will go to trial before the presidential election in November.

The unsigned order said the court intended to address at oral arguments “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 the federal 2020 election case, Trump faces a four-count indictment in Washington DC brought by the special counsel, Jack Smith, that charges him with conspiracy to defraud the United States, conspiracy to obstruct the congressional certification of the election results, and violating rights.

Trump sought to have the charges dismissed last year, arguing in a 52-page filing that the conduct he was charged with fell under the so-called “outer perimeter” of his official duties, which meant he could not be prosecuted because of the broad protections afforded to the presidency.

The motion to dismiss contended that all of Trump’s attempts to reverse his 2020 election defeat detailed in the indictment, from