Rule of Law

RELEASE: Supreme Court Will Review Denial of Trump’s Request for Absolute Presidential Immunity, Further Delaying Criminal Proceedings Against Him

WASHINGTON, DC – Following the Supreme Court’s decision regarding Donald Trump’s request to 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 (CAC) Appellate Counsel Smita Ghosh issued the following reaction:
Last month, the D.C. Circuit unanimously rejected former President Trump’s claim of absolute immunity from criminal prosecution. The Supreme Court has now decided to hear his appeal of that decision in April, which will keep the criminal proceedings against him on hold for at least several months.
Today’s decision, which comes over two weeks after Trump’s request, makes clear that the Court does not take seriously the need for prompt resolution of this dispute. In previous cases involving time-sensitive political issues—including Bush v. Gore—the Court demonstrated that it can act quickly when circumstances demand it. It should be doing the same here.
Significantly, though, the Court’s decision has no bearing on how the Court will resolve Trump’s claim on the merits, as the Court’s order made clear. Given the clear case against Trump’s unprecedented claim for absolute immunity, which has already been denied by two courts, the Supreme Court should rule against Trump—and it should do so as quickly as possible.



Case page in Trump v. United States:

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