Rule of Law

RELEASE: Supreme Court Should Deny Trump’s Request for a Stay of Immunity Decision and Allow Criminal Proceedings Against Him to Continue

WASHINGTON, DC – Following Donald Trump’s request that the Supreme Court stay the criminal proceedings against him pending further review of the D.C. Circuit’s decision that Trump is not immune from criminal prosecution for crimes committed while in office, Constitutional Accountability Center Appellate Counsel Smita Ghosh issued the following reaction:

With last week’s unanimous decision from the D.C. Circuit rejecting former President Trump’s claim of absolute immunity from criminal prosecution, two courts have now soundly rejected Trump’s argument that he is above the law. Trump now asks the Supreme Court to keep the criminal proceedings against him on hold while he asks the Supreme Court to review the D.C. Circuit’s decision.

But in deciding whether to grant the relief Trump is seeking, the Supreme Court needs to consider whether Trump is likely to succeed on the merits of his claim. Because Trump’s argument for absolute immunity from criminal prosecution is completely at odds with the text and history of the Constitution, as the D.C. Circuit’s decision made clear, the Supreme Court should decline Trump’s request and allow the proceedings against him to continue.

Immunity doesn’t protect the former president, and delay tactics shouldn’t either.



Smita Ghosh, The Founding Fathers Didn’t Think Donald Trump Should Get Immunity Either, Newsweek:


Constitutional Accountability Center is a nonpartisan think tank and public interest law firm dedicated to fulfilling the progressive promise of the Constitution’s text, history, and values. Visit CAC’s website at


CAC’s amicus brief in Trump v. United States: