Former President Donald Trump asked a federal appeals court on Thursday to dismiss a major criminal case accusing him of illegally trying to overturn the 2020 election results, stating that he would act as if the case is pending until he receives a response, opening the door to a potential clash between the former president and the lower court judge who denied his requests to dismiss the case.
Key Facts
Trump attempted to dismiss the criminal charges against him, claiming he has “immunity” because he was president at the time – an argument that was rejected by Judge Tanya Chutkan last week, who ruled that Trump’s time in the White House did not grant him “the divine right of kings to avoid criminal accountability that governs his fellow citizens.”
The former president appealed this decision on Thursday to the D.C. Circuit Court of Appeals, asking the court to override Chutkan’s ruling and dismiss the charges against him.
Trump’s lawyers requested that Chutkan pause proceedings in the case even after the appeals court issues its ruling – which could lead to a delay in the trial scheduled to start in March 2024.
The former president’s lawyers asserted that the appeal means there is a “mandatory and automatic” halt on all other legal proceedings even before the court’s decision, and that all current deadlines should be paused “until this motion is resolved at least.”
According to a court memo, Trump will act “based on this understanding” that proceedings are automatically stayed “without any further order from the court,” meaning that Trump and his attorneys will not do anything to move the case forward even if Chutkan has not yet issued a ruling on whether to stay the case.
Legal experts criticized the filing on Thursday, with attorney Robert J. DeNault describing Trump’s actions as if the case is already on hold as “madness,” and former prosecutor Joyce Vance writing, “I wish I were the judge who will respond!”
What to Watch For
Trump’s lawyers asked Chutkan to respond to their request to stay the legal proceedings within seven days, stating that if she rules against the former president, they will appeal that decision as well. The trial against Trump is scheduled to begin on March 4, 2024, and NBC News reported on Monday that potential jurors have already begun receiving “pre-screening” forms by mail.
Key Quote
“The court cannot conclude that our Constitution cloaks former presidents with absolute immunity for any crimes they committed while in office,” Chutkan wrote in her ruling denying Trump’s motion to dismiss the indictment. “No man in this country, even a former president, is above the law.”
Background
Trump faces four criminal charges of conspiracy and obstruction, with prosecutors accusing the former president of an extensive plot to overturn the 2020 election. Trump has often claimed “presidential immunity” in the legal cases against him, including civil cases related to inciting the January 6 insurrection – which was rejected by the appeals court last week – and his attorney Stephen Sadow stated that he also intends to use this defense when the former president faces separate charges related to the election in Fulton County, Georgia. The request to stay the federal election-related criminal case is part of broader efforts by Trump and his lawyers to delay his criminal trials as much as possible – especially the two federal cases against him, as if Trump were re-elected for a second term and the trial had not yet taken place, he could potentially have the charges dismissed by the Justice Department. Initially, Trump’s lawyers sought to delay the federal election-related trial until 2026, and Sadow suggested last week to postpone the former president’s Georgia trial until 2029 if he wins the election, arguing that conducting the trial during the 2024 election would constitute “interference in the election.”
Reading
Additional
The judge stated that Trump’s presidency did not grant him the “divine right” to reject allegations of election interference (Forbes)
Trump is accused: Charges have been brought against the former president for these crimes in the Justice Department’s investigation regarding January 6 – all of which could involve prison time (Forbes)
Follow me on Twitter. Send me a secure tip. Allison Durkee
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Trump has asked the judge to postpone the January 6 criminal case and says he will act as if the case is on hold in the meantime
Follow me on Twitter. Send me a secure tip. Allison Durkee
Editing Standards
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