From Fortune:

Arguments against Trump may have huge implications for the ongoing criminal case and for the legal question of whether an ex-president can be prosecuted for actions while in office. Any decisions in this case will likely lead to future appeals before the U.S. Supreme Court, which recently refused to get involved.

Both parties await a swift decision crucial for the trial timing before the November election. Trump’s lawyers hope for a dismissal while the appeal is ongoing, to delay the trial past its scheduled March 4 start date and possibly until after the election.

Trump intends to attend Tuesday’s arguments, though it is not necessary for him to do so. It will be his first court appearance in Washington, as he faces other criminal prosecutions in three other cities.

Trump could use his appearance to portray himself as a victim of a politicized justice system, but Biden has had no influence on the case. No former president before Trump has been indicted, so courts’ decisions could be historical.

Trump’s lawyers argue that he is entitled to immunity, claiming that courts cannot scrutinize a president’s official acts. Special counsel Jack Smith’s team refutes this claim, stating that the acts Trump allegedly took fall outside official president duties.

If Trump’s view of the law were to be accepted, a president might commit serious criminal offenses with no repercussions.

The case is being argued before Judges Childs, Pan and Henderson, and they intend to rule quickly.

U.S. District Judge Chutkan ruled against the Trump team, and Trump’s lawyers appealed, but Smith’s team, seeking to keep the case on schedule, sought to bypass the appeals court by asking the Supreme Court to expedite the immunity question.

The decision reached in this case is vital for Trump’s strategy to stall the election subversion case until after a potential victory in the November election.

Trump’s lawyers have cited a constitutional provision against double jeopardy, but Smith’s team has argued there is no bar against charging someone who’s been impeached and acquitted in Congress.

Future developments will have significant impact on how former presidents may be prosecuted in the future.



Read more: Trump heading back to federal court