“Trump Makes Move to Claim Immunity: Supreme Court Waits, D.C. Circuit Ruling Pending

As the pandemic stretches into a uncertain future, President Trump has taken a unique legal path in his attempt to gain immunity from civil litigation. The U.S. Supreme Court has declined to review the case, allowing Trump to take his argument to the D.C. Circuit Court. The outcome will likely decide the fate of hundreds of ongoing civil court cases targeting Trump. The president’s lawyers argue that he is immune to civil lawsuits and that any court proceeding should take place in a federal court. This case has a unique set of facts that make it difficult to determine who is in the right. Traditionally, the Supreme Court has had the exclusive power to decide which cases can be heard in federal court. In Trump’s case, however, two federal judges decided that he is not immune to civil lawsuits. Trump’s legal team then appealed this ruling to the D.C. Circuit Court, which will now have the final word on the issue. The legal argument for immunity relies on the War Powers Clause of the Constitution, which gives the President special protection from civil suits. Trump’s lawyers argue that the Supreme Court should defer to the President’s immunity claims and refuse to hear further legal proceedings. The Department of Justice, however, maintains that federal judges have the power to decide these matters. Regardless of the outcome, Trump’s unorthodox strategy of taking the case to the D.C. Circuit Court has already set a significant precedent for future presidents. Following Trump’s lead, future presidents may look to the D.C. Circuit Court to decide serious civil cases. Both the Trump team and opponents will be watching to see what the D.C. Circuit Court decides on the matter of presidential immunity. The D.C. Circuit Court will now determine whether Trump is immune to civil suits or whether his opponents will be granted the ability to pursue their legal claims. With the Supreme Court’s decision to allow the case to proceed, the resulting legal precedent has the potential to impact future presidents’ legal privileges for many years to come.