The Supreme Court is taking up former President Donald Trump's bid to avoid prosecution over his efforts to overturn the 2020 election.
Thursday, April 25, 2024 2:19PMWatch breaking news and other live events from ABC.Against the backdrop of a divisive 2024 presidential campaign, the U.S. Supreme Court on Thursday is taking up the monumental question of whether a former president turned presumptive GOP nominee can be criminally prosecuted for his efforts to stay in power after the last election.
"The President cannot function, and the Presidency itself cannot retain its vital independence, if the President faces criminal prosecution for official acts once he leaves office," Trump's attorneys wrote in their opening brief to the high court. The appeals court warned that if Trump's constitutional theory were accepted, it would "collapse our system of separated powers" by putting a president above the law.
The justices could uphold the appeals court decision in its entirety, clearing the way for a trial this summer, or they could take a middle-road approach, spelling out what actions qualify for immunity and which do not, sending the case back to lower courts for further proceedings. Such an outcome could rule out a trial before the November election.
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