SCOTUS Hears Trump Immunity Case, Appearing Skeptical

Updated Apr. 26, 2024, 11:00 a.m. EST

• The Supreme Court heard oral arguments today over whether Trump is immune from prosecution in the case attempting to charge him with plotting to overturn the 2020 presidential election. 
• The justices seemed skeptical of a federal appeals court's ruling that rejected Trump's claim that he has absolute immunity from criminal charges. Trump was indicted in August 2023 on four counts related to his role in attempting to overturn the results of the 2020 election, arising from Special Counsel Jack Smith's investigation into the Jan. 6, 2021, Capitol attack.
• Michael Dreeben, a lawyer from Smith's office who is representing the U.S., emphasized how the Supreme Court has never recognized absolute criminal immunity for any public official. Trump's lawyer, John Sauer, told the justices that without immunity, the "presidency as we know it" would be changed.
• The release of the Supreme Court's decision, which could have far-reaching implications for Trump's legal situation, remains uncertain. The justices might leave open the possibility that Trump could still face criminal charges in other cases, such as the hush-money trial that is currently underway.

Updated Mar. 4, 2024, 12:45 p.m. EST

• The Supreme Court ruled that Section 3 of the 14th Amendment does not allow states to bar former President Donald Trump from appearing on the presidential ballot.
• The unanimous decision will keep Trump on Colorado's primary ballot. All of the judges' opinions focused on legal issues, not on whether Trump engaged in insurrection on Jan. 6, 2021. 
• Five justices said that Congress must work to enforce Section 3 instead of leaving it to the states. They wrote in their opinion:

"The Constitution makes Congress, rather than the states, responsible for enforcing Section 3 against federal officeholders and candidates."

• In response to the ruling, Mario Nicolais, a lawyer for the Colorado plaintiffs, said the Supreme Court had "abrogated their responsibility to our democracy." He continued:

"We're still glad we brought the case, because if we hadn't brought the case, we wouldn't have direction on where to go. We will continue fighting Donald Trump at the ballot box, and now Americans step in, and they need to make their voice heard and make sure that they say that this is not OK when they go and cast their ballots."

• Trump is expected to deliver remarks on the court's ruling from his Mar-a-Lago Florida resort. 

Updated Feb. 13, 2024, 1:00 p.m. EST

• Trump asked the Supreme Court to block a lower court's ruling that allows him to be criminally prosecuted for his efforts to overturn the 2020 election results. Trump insisted that presidents should be protected from prosecution and that a trial would "radically disrupt" his bid for reelection. 
• Trump's lawyers warned that "such prosecution will recur and become increasingly common, ushering in destructive cycles of recrimination." They continued:

"Without immunity from criminal prosecution, the Presidency as we know it will cease to exist."

• This ruling – separate from the Supreme Court's impending decision on whether or not Trump's role in the Jan. 6 Capitol attack makes him ineligible for the presidency –could give the justices a key role in determining whether Trump will face a federal criminal trial in Washington, D.C.

Updated Feb. 8, 2024, 1:00 p.m. EST

• Earlier today, the Supreme Court heard arguments in the case deciding whether former President Trump's actions in the Jan. 6 insurrection make him ineligible to hold office again. 
• Jonathan Mitchell, Trump's lawyer, primarily focused on the fact that the president is not an "officer of the United States," as stated in Section 3 of the 14th Amendment, so it does not fall under the amendment. 
• Jason Murray, the lawyer presenting the case against Trump, asserted that presidents are, in fact, officers of the U.S. and added that states have the power to "safeguard their ballots" and disqualify candidates who are too old, running for improper terms, or engaged in insurrection. 
• Trump argued that taking him off the ballot would unleash "chaos" across the nation.
• The six Colorado voters who brought on the case urged the justices to not give into what they called threats of political violence from Trump.
• The court's ruling will likely determine Trump's eligibility to appear on the Colorado primary ballot, run in the general election, and hold office altogether. 
• The justices are expected to deliver a prompt ruling. Many urge the court to release its decision before Mar. 5, when Colorado and 14 other states hold their presidential primaries. 

Updated Feb. 5, 2024, 1:00 p.m. EST

• The Supreme Court is set to hear oral arguments on Thursday in the case determining Trump's eligibility on the presidential ballot due to his role in the Jan. 6 attack on the Capitol. The suit argues that under Section 3 of the 14th Amendment, Trump should be barred from holding office as a previously sworn-in official who engaged in insurrection.
• Trump urged the court on Monday to keep his name on Colorado's ballot, accusing his opponents of an "anti-democratic" agenda.
• A decision could come within days or weeks of Thursday's arguments.
• Meanwhile, a Court of Appeals for the D.C. Circuit ruled against Trump's immunity claim in the federal election interference case. The Circuit panel wrote:

"For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant. But any executive immunity that may have protected him while he served as President no longer protects him against this prosecution."

Updated Jan. 5, 2024, 5:45 p.m. EST

• The Supreme Court will fast-track a case over former President Donald Trump's eligibility for the 2024 presidential ballot.
• The case revolves around the Constitution's insurrection clause - 14th Amendment, Section 3 - which was originally enacted to keep former Confederates out of office.
• The Colorado Supreme Court previously ruled 4-3 that Trump is disqualified from serving as president due to his actions related to the Jan. 6, 2021, attack on the U.S. Capitol. This decision, if upheld, would prevent Trump from appearing on Colorado's primary ballot.
• SCOTUS has set a rapid schedule for the appeal, with arguments scheduled for Feb. 8. This expedited timeline is crucial as Super Tuesday - a significant date in the primary election cycle - occurs on March 5.
• This case puts the Supreme Court - and its 6-3 conservative majority - at the epicenter of the 2024 presidential election. The outcome could determine whether Trump is eligible to be on the ballot--in Colorado and nationwide.

Updated Jan. 3, 2024, 7:00 p.m. EST - Trump Asks Supreme Court to Keep Him on Colorado Ballot

• Former President Donald Trump is asking the Supreme Court to reverse a ruling by a Colorado court to disqualify him from the 2024 ballot over his involvement in the events at the U.S. Capitol riot on Jan. 6, 2021.

"In our system of 'government of the people, by the people, [and] for the people,' Colorado’s ruling is not and cannot be correct," Trump told SCOTUS, saying the high court should "return the right to vote for their candidate of choice to the voters."

• The Colorado court cited a section of the 14th Amendment, which says candidates are ineligible from holding public office if they've "engaged in insurrection."
• The Supreme Court is expected to quickly decide whether to hear Trump's appeal.

Updated Jan. 2, 2024, 10:30 a.m. EST - Maine Joins Colorado, Disqualifies Trump From 2024 Ballot

• Maine joined Colorado in barring Donald Trump from its primary election ballot after its top election official ruled that the former president's efforts to remain in power in 2021 make him ineligible for office.
• Maine Secretary of State Shenna Bellows said in her decision that Trump would not qualify for the ballot because of his role in the Jan. 6 attack on the Capitol. The Democrat wrote:

"I am mindful that no secretary of state has ever deprived a presidential candidate of ballot access based on Section 3 of the 14th Amendment. I am also mindful, however, that no presidential candidate has ever before engaged in insurrection." 

• A group of state citizens rallied for the decision to bar Trump from appearing on the ballot. 
• Trump campaign spokesman Steven Cheung said that the Maine and Colorado rulings are "partisan election interference efforts" that are "a hostile assault on American democracy."
• California announced that Trump would remain on the ballot, as state election officials have limited power to prohibit candidates from running. 

What's the story?

• Colorado's Supreme Court ruled that Donald Trump will be disqualified from appearing on the state's primary ballot for the 2024 presidential election. 
• The top court contended that the former president's actions that encouraged the Jan. 6 storming of the Capitol make him ineligible for the position — specifically, Section 3 of the 14th Amendment, stating those who engage in insurrection against the Constitution after taking an oath to support it should be barred from holding office. 
• The ruling does not address the general election; it only excludes Trump from appearing on the state's March 5 Republican primary ballot.

The ruling

• The Colorado court's 4-3 decision reversed a Denver district judge's ruling from last month that found Section 3 did not apply to the presidency. The state's top court did, however, uphold the lower court's rulings that Trump's actions before and on Jan. 6 constituted an engagement in insurrection and that courts have the authority to enforce Section 3. 
• The justices wrote:

"A majority of the court holds that President Trump is disqualified from holding the office of president under Section 3 of the 14th Amendment to the United States Constitution. Because he is disqualified, it would be a wrongful act under the Election Code for the Colorado secretary of state to list him as a candidate on the presidential primary ballot."

• The case was brought by a group of Colorado voters. Attorney Sean Grimsle, representing the plaintiff, said:

"[Trump] betrayed his oath to the Constitution by engaging in insurrection against it, and by doing so he made himself ineligible for public office. We hope and believe other states will now follow suit."

The response

• Trump's campaign denounced the ruling and said it would appeal the decision to the U.S. Supreme Court. Anticipating this, the Colorado justices put a hold on the ruling until at least Jan. 4. Trump's appeal could force the federal Supreme Court to decide on his eligibility in all 50 states. 
• Campaign spokesperson Steven Cheung said:

"Unsurprisingly, the all-Democrat appointed Colorado Supreme Court has ruled against President Trump, supporting a Soros-funded, left-wing group's scheme to interfere in an election on behalf of Crooked Joe Biden…We have full confidence that the U.S. Supreme Court will quickly rule in our favor and finally put an end to these un-American lawsuits."

• In solidarity with Trump, presidential candidate Vivek Ramaswamy pledged to withdraw from the Colorado GOP primary and called on other candidates to do the same. 
• Richard Friedman, a University of Michigan law professor, said he was not surprised by the decision. He continued:

"[Trump] took an oath to preserve, protect and defend the constitution of the United States. And then he did what he could to subvert the lawful processes for electing our president. The nation must accept the decision and move on."

What is the 14th Amendment? 

• The 14th Amendment was ratified after the Civil War, addressing the rights of American citizens and equal protection under the law. Section 3 of the amendment says no person who has previously taken oath as an officer of the U.S. who has engaged in insurrection or rebellion against the Constitution can hold office again. 
• The amendment states that if someone is found to be ineligible to serve, Congress can overturn the ruling with a two-thirds majority vote. 

Should more states disqualify Trump?

-Jamie Epstein & Josh Herman

(Photo credit: Flickr/Gage Skidmore)