On Saturday, President Joe Biden addressed the contentious issue of presidential immunity in criminal cases, expressing skepticism about its necessity. This statement was made while he was leaving the White House for Camp David, coinciding with former President Donald Trump’s legal maneuver to have a federal election subversion case against him dismissed based on claims of presidential immunity.
While President Biden himself is currently involved in a legal matter concerning classified documents found at his Delaware home and a Washington, D.C., building, Special Counsel Robert Hur, who is overseeing the case, is not expected to bring charges against him. In a separate legal development, Biden’s son, Hunter Biden, is facing criminal charges related to ongoing Justice Department investigations into his tax affairs, with his arraignment scheduled for January 11.
Trump, on the other hand, has consistently argued that his actions surrounding the 2020 election were part of his official duties as president, warranting immunity in the case led by Special Counsel Jack Smith. His legal team contends that a sitting president cannot face criminal prosecution for actions taken while in office unless impeached or convicted by the Senate.
The Supreme Court has opted not to bypass the appeals court on this issue, directing it instead to the intermediate court for further deliberation. The appeals court is expected to conduct oral arguments on January 9, potentially setting the stage for the Supreme Court to ultimately decide on the matter. This could result in further delays to the trial, initially scheduled to start on March 4, and possibly push it into the general election period or beyond.
Amidst these legal battles, Biden’s campaign is gearing up for the 2024 election, positioning it as a high-stakes rerun of 2020. A recent memo from the campaign, as reported by Bloomberg, highlights Trump’s actions prior to January 6, 2021, painting him as a danger to U.S. democracy. The campaign is also emphasizing the numerous legal challenges Trump faces, including the 2020 election case and other lawsuits totaling 91 criminal counts.
Regarding the Colorado Supreme Court’s decision to exclude Trump from the state’s 2024 ballot under a clause of the 14th Amendment, President Biden has remained noncommittal. However, he did acknowledge on Wednesday that Trump “certainly supported an insurrection” on January 6, 2021.