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Supreme Court to decide Trump immunity claim


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

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

Trump pleaded not guilty last year to four criminal counts in Smith’s election subversion case.

Those counts are:

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

Smith’s case strikes at the former president’s efforts to remain in the White House after losing the 2020 election. The indictment alleges Trump and co-conspirators “exploited” the January 6, 2021, attack on the US Capitol by continuing efforts to convince members of Congress to delay the certification of the election.

As part of its investigation, the special counsel’s office has sought testimony from a number of key White House insiders, including former Vice President Mike Pence, Trump’s daughter Ivanka Trump and son-in-law Jared Kushner.

Aspects of the Justice Department’s probe 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 keep former advisers from testifying about certain conversations, citing executive and attorney-client privileges to keep information confidential or slow down criminal investigators.

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