Ted Cruz Hopeful Supreme Court Will End ‘Enormous Abuse of Power’ in Trump Case

‘Elections should be decided by the voters at the ballot box and not by judges and prosecutors,’ the Texas Republican said.

Sen. Ted Cruz speaks during a press conference on border security at the U.S. Capitol Building, on Sept. 27, 2023. Anna Moneymaker/Getty Images

Sen. Ted Cruz (R-Texas) has expressed hope that the U.S. Supreme Court will put an end to the “enormous abuse of power” aimed at former President Donald Trump after it agreed to review whether he is immune from prosecution in the Department of Justice’s (DOJ) federal criminal case, which relates to his efforts to challenge the 2020 election results.

Mr. Cruz made the comments in an interview on NewsNation’s “Elizabeth Vargas Reports” on Feb. 28. “I have to say, I’m glad the Supreme Court is taking the case. I have to say what we’ve seen in the past year—about the targeting from the left, the targeting from Democrat prosecutors of Donald Trump—has been an enormous abuse of power,” the lawmaker said.

“We’ve never in our history had a president or former president indicted, and in the past year, Donald Trump has been indicted four different times by both the Biden Justice Department and by two Democrat D.A.s [district attorneys], and I think this is an abuse of power and persecution of President Trump. And I very much hope that the Supreme Court puts a stop to it,” he continued.

Asked how he believes the nation’s highest court will rule on the matter, Mr. Cruz said, “We’ll see how the arguments play out ... the arguments on both sides.” He added that he hopes the court steps in and “decides the elections should be decided by the voters at the ballot box and not by judges and prosecutors.”

The Texas Republican’s comments come after the Supreme Court agreed on Feb. 28 to consider the question of whether or not presidential immunity applies to President Trump in the federal criminal case. Oral arguments are set to be heard in the week beginning April 22, although it is not yet clear when a decision will be made. The move puts the case pursued by Special Prosecutor Jack Smith on hold.

President Trump, the frontrunner for the Republican nomination in the 2024 presidential race, faces four charges in the case: one count of obstructing the government, one count of conspiracy to obstruct the government, one count of conspiracy to defraud the government, and one count of conspiracy to violate Americans’ voting rights. He has pleaded not guilty to the charges.

Trump Welcomes Supreme Court Review

While prosecutors have argued presidents enjoy no immunity from criminal prosecution, President Trump’s lawyers claim he has complete immunity under federal law, pointing to a 1982 Supreme Court case, Nixon v. Fitzgerald.

That case granted presidential immunity from civil lawsuits for acts within the “outer perimeter” of the president’s official responsibilities. President Trump’s lawyers argue that his actions in questioning the election results were part of his official duties and therefore he should be immune from criminal prosecution.

President Trump thanked the Supreme Court for agreeing to review the presidential immunity question this week in a statement on Truth Social.

“Legal scholars are extremely thankful for the Supreme Court’s decision today to take up presidential immunity. Without presidential immunity, a president will not be able to properly function or make decisions in the best interest of the United States of America,” the former president wrote.

“Presidents will always be concerned, and even paralyzed, by the prospect of wrongful prosecution and retaliation after they leave office,” he continued. “This could actually lead to the extortion and blackmail of a President. The other side would say, ‘If you don’t do something, just the way we want it, we are going to go after you when you leave office, or perhaps even sooner.’”

Caden Pearson contributed to this report.