Supreme Court gives Trump prosecutor a week to respond to delay request in election case

Former U.S. President Donald Trump sits in the courtroom throughout his civil fraud trial at New York Supreme Court on January 11, 2024 in New York City.

Michael M. Santiago | Getty Images

Supreme Court Chief Justice John Roberts on Tuesday advised Department of Justice particular counsel Jack Smith to respond to a request by Donald Trump to delay implementing an appeals court ruling that discovered he doesn’t have presidential immunity in his federal election interference legal case.

Roberts gave Smith a full week, till Feb. 20, to file a solution to the previous president’s request, suggesting that the courtroom would possibly take its time reviewing broader questions associated to the problem of immunity.

Trump on Monday requested the excessive courtroom to quickly pause final week’s resolution by a three-judge federal appeals courtroom panel in Washington, D.C., which rejected his argument that he couldn’t be prosecuted in the case as a result of he was president on the time he dedicated the acts that Smith costs have been crimes.

Trump is accused in a four-count indictment in D.C. federal district courtroom of crimes associated to his problem of the 2020 election outcomes, and his efforts to block Congress from declaring President Joe Biden the victor in that contest.

He has pleaded not responsible in the case.

Trump, in his submitting Monday, requested the Supreme Court to delay the appeals courtroom’s mandate.

If that mandate takes impact, proceedings in the case would resume in district courtroom, together with pretrial motions being filed and argued, and the decide is probably going to set a trial date earlier than the top of this 12 months.

Trump argues that implementing the mandate would “radically disrupt” his skill to marketing campaign in opposition to Biden this 12 months.

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Trump, who’s the front-runner for the Republican presidential nomination, in his submitting mentioned he needs the mandate delayed pending the decision of two associated efforts to undo the appeals courtroom ruling. Trump mentioned he’ll ask the Supreme Court to take his attraction of the decrease courtroom’s resolution, and he may also request that all the judicial lineup of the appeals courtroom rehear his argument on presidential immunity.

The Supreme Court might grant or deny that delay request, with out listening to any oral arguments, after Smith information his response.

But the courtroom additionally might select to deal with Trump’s submitting as a petition to overturn the appeals courtroom ruling and make a resolution on that query both based mostly simply on written filings, or after listening to oral arguments. That route would lead to additional delays in the case.

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