The long-feared clash between Donald Trump and the U.S. Constitution is finally here, with several historic legal battles about presidential accountability and his unprecedented lawlessness all careening simultaneously toward the nation’s highest court—just as the 2024 primary election season begins.
On Tuesday, the former president is expected to make an exceedingly rare appearance in D.C. appellate court, where his lawyers will essentially argue he is above the law—untouchable by federal prosecutors over the way he tried to stay in power after losing the 2020 election.
Whatever the outcome, the matter is guaranteed to speed its way to the Supreme Court, which will inevitably determine whether Department of Justice Special Counsel Jack Smith can prosecute Trump for election interference at a criminal trial set to start in March. The similar but separate state racketeering case against Trump in Atlanta also hangs in the balance, depending entirely on whether justices bestow upon Trump—and any president—this new and unfettered power.