DOJ To Supreme Court: No, Trump’s Coup Attempt Is Not Immune From Prosecution

If the high court agrees with the trial court and a federal appellate court, Trump could face trial on the federal charges before the November election.

WASHINGTON ― Federal prosecutors again urged the nation’s high court to reject Donald Trump’s claim that he is immune from prosecution for his coup attempt because it was done while he was president.

Special Counsel Jack Smith’s argument has previously carried the day both before trial judge Tanya Chutkan and a three-judge panel of the Court of Appeals for the District of Columbia Circuit.

If the Supreme Court agrees that Trump is criminally liable for his actions leading up to and on Jan. 6, 2021, Trump could go trial on those charges before the November election, in which Trump is again the presumptive Republican Party nominee.

Trump stands charged with conspiring to defraud the United States, conspiring to obstruct an official proceeding, obstructing an official proceeding, and conspiring to deprive millions of Americans of the right to have their votes counted. The four-count indictment lays out how Trump’s repeated lies about the 2020 election having been “stolen” from him and the assault on the Capitol by a mob of his followers were a part of his scheme to remain in office.

More than 140 police officers were injured on that day, some severely. One died hours later and four others took their own lives in the weeks to come.