Supreme Court to decide Trump's immunity claim


In this Jan. 6, 2021 photo, President Donald Trump speaks with supporters at The Ellipse near the White House. Mandel Ngan/AFP/Getty Images

The Supreme Court agreed on Wednesday to decide whether Donald Trump can claim immunity in special counsel Jack Smith's election subversion case, likely further delaying his federal trial.

Trump pleaded not guilty last year to four criminal charges in the Smith election subversion case.

Those counts are:

  • Conspiracy to defraud the United States
  • Conspiracy to obstruct an official proceeding
  • Obstruction and attempted obstruction of an official proceeding
  • Conspiracy against rights

Smith's case attacks the former president's efforts to remain in the White House after losing the 2020 election. The indictment alleges that Trump and his accomplices “took advantage” of the January 6, 2021 attack on the US Capitol by continuing with efforts to convince members of Congress to delay certification of the election.

As part of its investigation, the special counsel's office has requested testimony from several key members of the White House, including former Vice President Mike Pence, Trump's daughter Ivanka Trump and son-in-law Jared Kushner.

Some aspects of the Justice Department's investigation include the use of so-called fake electors from states that Trump falsely claimed he had won, such as Georgia and Arizona.

Trump had fought to prevent former aides from testifying about certain conversations, citing executive and attorney-client privilege to keep the information confidential or slow down criminal investigators.

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