Trump asks Supreme Court to delay presidential immunity ruling in 2020 election case

Trump asks Supreme Court to delay presidential immunity ruling in 2020 election case

Former U.S. President Donald Trump speaks throughout a press convention held at Mar-a-Lago on February 08, 2024 in Palm Beach, Florida. 

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Lawyers for Donald Trump on Monday requested the Supreme Court to quickly halt a ruling rejecting his declare that he’s immune from being criminally charged with making an attempt to overturn his loss in the 2020 presidential election.

“Without immunity from legal prosecution, the Presidency as we all know it can stop to exist,” Trump’s attorneys wrote in an utility for the Supreme Court to pause the ruling from a decrease court docket.

A 3-judge panel in the federal appeals court docket in Washington, D.C., final Tuesday unanimously denied Trump’s argument that he can’t be prosecuted for any official acts he carried out as president.

That ruling would finish Trump’s effort to throw out particular counsel Jack Smith’s case and restart proceedings in federal district court docket in D.C.

But the panel withheld its 57-page ruling from taking impact till Monday, giving Trump’s legal professionals time to ask the Supreme Court to pause the case whereas they file an enchantment to the nation’s highest court docket.

In making use of for that pause Monday afternoon, the protection legal professionals argued that the excessive court docket ought to “forestall, as soon as once more, an unprecedented and unacceptable departure from bizarre appellate procedures and permit President Trump’s declare of immunity to be determined in the bizarre course of justice.”

Trump’s utility for a keep retains the case on maintain, at the very least till the Supreme Court points a choice on whether or not or not to grant the request. An particular person justice could make that call.

The nine-member Supreme Court contains three justices who have been appointed underneath Trump, however Chief Justice John Roberts, who was nominated by former President George W. Bush, is assigned to deal with issues coming from D.C.

Trump has sought to delay his a number of legal and civil instances as he runs for the Republican presidential nomination. He is at present the GOP’s clear front-runner, establishing a possible rematch with President Joe Biden.

Last week’s ruling in the U.S. Court of Appeals for the District of Columbia Circuit upheld U.S. District Judge Tanya Chutkan’s prior choice denying Trump’s declare of “absolute” presidential immunity.

Protesters exhibit outdoors of the U.S. Supreme Court on February 8, 2024 in Washington, DC. 

Julia Nikhinson | Getty Images

“For the aim of this legal case, former President Trump has turn out to be citizen Trump, with the entire defenses of every other legal defendant,” learn the ruling from appellate Judges Karen LeCraft Henderson, Michelle Childs and Florence Pan.

“But any govt immunity which will have protected him whereas he served as President now not protects him towards this prosecution,” they dominated.

Trump’s attorneys have argued that the Constitution’s separation-of-powers doctrine prevents the courts from reviewing a president’s official acts. They additionally argued that the identical doctrine requires immunity to keep away from hampering the capabilities of the Executive Branch.

The appeals court docket rejected these arguments.

“At backside, former President Trump’s stance would collapse our system of separated powers by putting the President past the attain of all three Branches,” the judges dominated.

They additionally dismissed as “irrational” Trump’s rivalry that the Constitution solely permits prices towards a former president if they’re first impeached and convicted by Congress.

Read extra CNBC politics protection

Trump was impeached in the House twice whereas in workplace, however the Senate on each events voted to acquit him. A majority of senators voted to convict Trump in his second impeachment trial on a cost of inciting the Jan. 6, 2021, rebel on the U.S. Capitol, however the vote fell wanting the two-thirds requirement.

Smith in the D.C. election case is prosecuting Trump on 4 legal counts, together with conspiracy to defraud the U.S. by making an attempt to reverse the 2020 outcomes and conspiracy to impede Congress from certifying Biden’s victory on Jan. 6, 2021.

Trump has pleaded not responsible to these prices and dozens extra in three different energetic legal instances, which he claims are a part of a conspiracy by the Biden administration to injury him politically.

This is breaking information. Please test again for updates.

— CNBC’s Dan Mangan contributed to this report.

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