On Monday, four days after appearing before the Supreme Court for oral arguments about his bid to remain on Colorado ballot, Donald Trump took another step toward potentially blocking special counsel Jack Smith’s 2020 election-subversion trial by asking the justices to temporarily stop a lower-court ruling that concluded he lacks immunity against prosecution. His lawyers asked them to intervene.
The Case
Last week, a three-judge panel from the Court of Appeals (a level below the Supreme Court) denied President Donald Trump’s novel claim that former presidents enjoy absolute immunity from prosecution for actions committed “in the course of their official duties”. Now it seems the high court may also weigh in.
On Monday, former president Donald Trump’s lawyers filed a 39-page filing asking the justices to issue a stay on an appeals court ruling in order to grant two months for prosecutors in Washington D.C. to prepare their cases before Judge Tanya Chutkan in trial proceedings.
Stays would only provide temporary relief; they’re unlikely to be granted by the high court and, even if granted, it remains uncertain whether justices will take up presidential immunity as an issue. Eventually, however, this case will almost certainly come before Chief Justice John Roberts who handles emergency appeals from the D.C. Circuit and his chosen justices on his bench.
The Request
On Monday, lawyers representing Donald Trump asked the U.S. Supreme Court to intervene and block an order that denied his claim of immunity in relation to election interference allegations. Without protection from criminal prosecution “the Presidency as we know it will cease to exist”, wrote his attorneys in their application.
Attorneys representing him want the Supreme Court to intervene and stay the decision by the DC Circuit panel that found against them, as they believe this case involves “novel, complex and momentous issues that demand careful consideration during appeal.
The application places the justices in an uncomfortable position of having to decide between two contentious matters concerning Donald Trump’s campaign for the Republican presidential nomination: whether to accept his request and whether to accept challenges filed against his candidacy by anti-Trump activists and Colorado voters to keep him off of ballot; both challenges would present significant hurdles given their current makeup which includes three justices appointed by him and their conservative majority makeup of court.
The Supreme Court’s Schedule
Last week, a three-judge panel from the Court of Appeals for the District of Columbia Circuit rejected President Donald Trump’s claims of immunity from prosecution and has given him until Monday to file an application with the Supreme Court to halt their ruling – its response will have far-reaching implications for his bid for president in 2024.
His attorneys requested in a 39-page filing from the Supreme Court a “stay” order on the appellate court’s decision, effectively delaying his trial scheduled to start next month before U.S. District Judge Tanya Chutkan until their Supreme Court had made their ruling on this issue.
The Supreme Court could also opt to fast-track this case, holding oral arguments shortly and making their decision relatively quickly. Otherwise, they might decline taking it at all and delay trial until after November’s elections have taken place – with possible far reaching ramifications for Donald Trump himself as well as for all Americans.
The Decision
Four days after presenting arguments on Donald Trump’s bid to stay on Colorado’s ballot, his attorneys appeared before them again on Monday and asked them to stay a federal appeals court ruling that denied his immunity claim.
His attorneys stated that conducting a months-long criminal trial of an incumbent President during an election campaign would taint Presidential decisionmaking and undermine future presidents’ abilities to perform their duties without fear or bias.
The Supreme Court may grant Trump’s request for a stay, sending the case back to U.S. District Judge Tanya Chutkan so she may resume trial proceedings. But they could decide not to grant this stay request and send it back down the appeals court for full rehearing before its 11-judge panel, a process which could take weeks – should that panel decline his immunity request, he could return back up to the Supreme Court with his appeals again –
- Friday Intraday Trading Sees Nvidia’s stock Market Cap Momentarily Cross $2 Trillion
- Trump’s January 6 Civil Cases Proceed While Criminal Case Is Halted
- Trump Delivers Speech at the Columbia Black Conservative Federation Gala
- Trump Declares Strong Support for IVF Following Alabama Supreme Court Decision
- Schumer in Ukraine Declares US Backing During House Aid Standoff
