Former President Donald Trump has filed an emergency appeal with the Supreme Court, requesting an extension in the delay in his election interference trial. He claimed immunity from prosecution for allegedly plotting to overturn his 2020 election loss.
The appeal was filed just four days after the justices heard Trump’s separate petition to remain on the presidential ballot despite attempts to remove him due to his activities following his 2020 election loss.
“Without immunity from criminal prosecution, the Presidency as we know it will cease to exist,” Trump’s attorneys argued, repeating arguments that have already failed in federal court.
The court’s decision could determine whether Trump stands trial before November.
Special counsel Jack Smith’s team has pushed for the trial to take place this year, while Trump has sought multiple delays.
If Trump were to defeat President Joe Biden, he could potentially use his position as head of the executive branch to dismiss the federal cases he faces or seek a pardon for himself.
The Supreme Court has the option to reject the emergency appeal and allow the trial proceedings to restart in Washington’s federal court. Alternatively, the court could extend the delay while it considers the immunity issue. The timing of the court’s actions will determine when the trial might begin.
In December, prosecutors urged the justices to resolve the immunity issue promptly.
“It is of imperative public importance that Respondent’s claim of immunity be resolved by this Court and that Respondent’s trial proceed as promptly as possible if his claim of immunity is rejected,” prosecutors wrote in December.
Trump’s legal team has accused the prosecution of partisan motives and a desire to schedule the potential trial during the 2024 election season saying that it “reflects the evident desire to schedule President Trump’s potential trial during the summer of 2024 — at the height of the election season.”
The Supreme Court, which includes three justices appointed by Trump, has made major decisions favoring conservative positions but has not been particularly favorable to Trump in matters directly involving him.
The court declined to hear several appeals related to the 2020 election and allowed tax files and other documents to be turned over to congressional committees and prosecutors. Last week, however, the justices seemed likely to end efforts to prevent Trump from appearing on the 2024 ballot.
The Supreme Court has previously held that presidents are immune from civil liability for official acts, and Trump’s lawyers have argued that this protection should also apply to criminal prosecution.
Last week, a panel of judges rejected Trump’s claim of absolute immunity for actions taken during his presidency.
The case in Washington is one of four prosecutions Trump faces as he seeks to regain the White House.
The appeal was filed just four days after the justices heard Trump’s separate petition to remain on the presidential ballot despite attempts to remove him due to his activities following his 2020 election loss.
“Without immunity from criminal prosecution, the Presidency as we know it will cease to exist,” Trump’s attorneys argued, repeating arguments that have already failed in federal court.
The court’s decision could determine whether Trump stands trial before November.
Special counsel Jack Smith’s team has pushed for the trial to take place this year, while Trump has sought multiple delays.
If Trump were to defeat President Joe Biden, he could potentially use his position as head of the executive branch to dismiss the federal cases he faces or seek a pardon for himself.
The Supreme Court has the option to reject the emergency appeal and allow the trial proceedings to restart in Washington’s federal court. Alternatively, the court could extend the delay while it considers the immunity issue. The timing of the court’s actions will determine when the trial might begin.
In December, prosecutors urged the justices to resolve the immunity issue promptly.
“It is of imperative public importance that Respondent’s claim of immunity be resolved by this Court and that Respondent’s trial proceed as promptly as possible if his claim of immunity is rejected,” prosecutors wrote in December.
Trump’s legal team has accused the prosecution of partisan motives and a desire to schedule the potential trial during the 2024 election season saying that it “reflects the evident desire to schedule President Trump’s potential trial during the summer of 2024 — at the height of the election season.”
The Supreme Court, which includes three justices appointed by Trump, has made major decisions favoring conservative positions but has not been particularly favorable to Trump in matters directly involving him.
The court declined to hear several appeals related to the 2020 election and allowed tax files and other documents to be turned over to congressional committees and prosecutors. Last week, however, the justices seemed likely to end efforts to prevent Trump from appearing on the 2024 ballot.
The Supreme Court has previously held that presidents are immune from civil liability for official acts, and Trump’s lawyers have argued that this protection should also apply to criminal prosecution.
Last week, a panel of judges rejected Trump’s claim of absolute immunity for actions taken during his presidency.
The case in Washington is one of four prosecutions Trump faces as he seeks to regain the White House.
