The Supreme Court Justices are currently deliberating on whether to pause Donald Trump’s election subversion trial while he appeals a lower court decision that he does not enjoy immunity. Prosecutors have requested that this issue is quickly addressed with arguments scheduled in March as soon as possible.
The Case
The Supreme Court can play an integral role in how President Donald Trump’s immunity suit plays out. They could decide to temporarily block it or take up and issue their own ruling on it.
Trump’s lawyers are requesting the Supreme Court to delay trial preparations in his federal election subversion case while he appeals a lower court’s rejection of his immunity claim from prosecution, in order to allow for an appeal hearing later this year and postpone its commencement until 2024 – one year prior to expected presidential run-off date.
The three judges who made the ruling ruled against former President Trump’s claim that presidents enjoy unbridled authority to commit crimes that bypass constitutional checks on executive power. Furthermore, they cautioned that proceeding with his trial could set a precedent for future criminal prosecutions of sitting presidents; their decision came shortly after Trump’s attorneys requested the Supreme Court take his case immediately.
The Request
Trump’s legal team have filed what is known as a petition for certiorari with the Supreme Court in an unusual move that seeks to have them hear his case directly rather than through DC Circuit judicial panels. While such moves are relatively rare, justices could either reject it outright or request that DC Circuit’s entire judicial panel reconsider it before taking further action against President Trump and his legal team.
If they agree, this would likely delay the trial scheduled to start on March 4 by several months as they wait for review by the Supreme Court. Doing so could delay it further and delay or derail proceedings altogether.
Donald Trump’s lawyers contended that the DC Circuit panel misapplied legal precedent and disregarded constitutional concerns concerning separation of powers when making its determination that former presidents have immunity from prosecution for acts committed while they were in office. They further asserted that this issue poses a grave danger to “the bedrock of our Republic.”
The Court’s Decision
Trump’s lawyers took direct aim at the three-judge panel that denied his broad claim of immunity in the election tampering case alleging him of trying to prevent vote counting and encouraging voters to abandon their ballots. Their lawyers found this ruling commits a series of “fundamental errors” which demonstrate “the clear need for Supreme Court review on its own.” They invoked Yogi Berra’s famous line from Yankees baseball player Yogi Berra saying this ruling felt like deja vu all over again as their first sentence; their attorneys said this ruling felt like “deja vu all over again”.
Chief Justice John Roberts and (probably) the rest of the Supreme Court will make the ultimate call as to whether to temporarily halt Trump’s case and allow his appeal of its decision. For this to occur, four justices need to agree, though it remains unknown when. If none do agree, prosecutors are free to continue their case in district court against Trump.
The Next Steps
The Supreme Court could decide to treat Trump’s request as a regular appeal, with oral arguments and detailed rulings taking place and prolonging his trial for months.
More likely is that the Supreme Court justices will postpone making their own determination on immunity until such time as they act, delaying Washington case until such time that trial date can be set (possibly as late as fall 2022 or beyond).
Judges disproved Trump’s claim that his presidential duties conferred blanket immunity against prosecution. Additionally, they pointed out that once he leaves office he becomes “an ordinary private citizen and no longer enjoys any special protections against criminal prosecution”. Tanya Chutkan presided over this case and is keen on setting a trial date before November elections are held – she requested the Supreme Court take up Trump’s immunity claim this term so she can have it completed and an actual trial underway by next year.
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