Former President Donald Trump opposes the Justice Department’s request for the U.S. Supreme Court to quickly consider the case accusing Trump of attempting to overturn the results of the 2020 presidential election, as Trump has asked the court to take its time in reviewing the case after the Justice Department confirmed that the case should be expedited to preserve Trump’s scheduled trial date in March 2024.
Main Facts
Trump is trying to dismiss the federal charges against him for attempting to overturn the results of the 2020 presidential election by claiming he has “presidential immunity” – a defense that federal judge Tanya Chutkan rejected, leading Trump to appeal the case and halt legal proceedings until the appeal is considered.
The federal appeals court has not yet issued its ruling, but the Justice Department and special counsel Jack Smith asked the Supreme Court last week to review the dispute immediately, even before the appeals court ruling, in order to maintain the scheduled trial date in March 2024 without delay.
Trump’s attorneys told the Supreme Court on Wednesday that the case should not be considered now and should wait until the appeals court issues its ruling, arguing that the government is trying to expedite the case recklessly and it should be resolved “in a careful and thoughtful manner.”
Trump’s attorneys claimed that Smith lacks the legal standing to request the Supreme Court to consider the case, given that the federal court has ruled in his favor.
Trump’s lawyers argued that the Justice Department has a “partisan interest” in wanting the court to expedite its review of the dispute, as Smith wants to “ensure that President Trump faces a lengthy criminal trial over months during the height of the presidential campaign when he is the leading candidate and the only competitor to the current administration.”
This attempt by Trump to delay the Supreme Court’s review of the case comes amidst his broader efforts to postpone his criminal trials until after the 2024 presidential election – which, if he is re-elected, could mean he could ask the Justice Department to drop the federal charges against him.
Crucial Quote
Trump’s attorneys told the Supreme Court: “This appeal raises questions of historic significance. There is no doubt that improperly denying a request for presidential immunity from criminal prosecution undoubtedly warrants the court’s review of this case, but that does not mean the court should consider the case before the lower courts have completed their review.”
Main Critics
The Justice Department emphasized before the Supreme Court that it is of “critical public necessity” for a decision to be made in the case quickly, noting that the federal appeals court has set the trial date for March 2024 to “ensure the public’s interest in seeing this case resolved expeditiously.” Smith stated that “achieving this public interest in this case requires an immediate resolution of the immunity issue to allow for timely trial proceedings.”
What to Watch For
The Supreme Court could decide as soon as possible whether to hear the case now or wait until the appeals court issues its ruling before considering the case. If the court decides to hear the case now, prosecutors have requested that the court review the case and issue a ruling within its current term, meaning the final decision on whether Trump is immune could come by June 2024. It remains unclear whether a decision can be issued quickly enough to maintain Trump’s trial date in March. If the justices decide to wait for the appeals court ruling, the case should continue to progress relatively quickly, as the appeals court has scheduled oral arguments in the dispute for January 9, suggesting their ruling could come soon thereafter.
Background
Main
Federal prosecutors have brought criminal charges against Trump for allegedly attempting, along with his allies, to overturn the results of the 2020 presidential election, one of four criminal cases against the former president and one of two related to his post-election activities, alongside a separate case in Georgia. The former president has declared his innocence of the charges against him in the federal election case and other cases against him, all of which could potentially lead to Trump facing jail time if convicted. Trump has often claimed that he has “presidential immunity” from the legal consequences of his actions while in office, using this argument as a defense in several pending civil cases in addition to the criminal election case. So far, judges have not been convinced by the argument, as multiple judges have ruled that Trump cannot escape civil cases seeking to hold him accountable for the Capitol riots on January 6, 2021, with Chutkan issuing a ruling against Trump that he does not possess “the divine right that allows him to avoid criminal accountability that governs his fellow citizens.”
Further Reading
Follow me on Twitter. Send me a secure tip.
Editorial and Printing Standards
Reprints and Permissions
.lwrp .lwrp-list-item:not(.lwrp-no-posts-message-item){
}
.lwrp .lwrp-list-item img{
max-width: 100%;
height: auto;
object-fit: cover;
aspect-ratio: 1 / 1;
}
.lwrp .lwrp-list-item.lwrp-empty-list-item{
background: initial !important;
}
.lwrp .lwrp-list-item .lwrp-list-link .lwrp-list-link-title-text,
.lwrp .lwrp-list-item .lwrp-list-no-posts-message{
}@media screen and (max-width: 480px) {
.lwrp.link-whisper-related-posts{
}
.lwrp .lwrp-title{
}.lwrp .lwrp-description{
}
.lwrp .lwrp-list-multi-container{
flex-direction: column;
}
.lwrp .lwrp-list-multi-container ul.lwrp-list{
margin-top: 0px;
margin-bottom: 0px;
padding-top: 0px;
padding-bottom: 0px;
}
.lwrp .lwrp-list-double,
.lwrp .lwrp-list-triple{
width: 100%;
}
.lwrp .lwrp-list-row-container{
justify-content: initial;
flex-direction: column;
}
.lwrp .lwrp-list-row-container .lwrp-list-item{
width: 100%;
}
.lwrp .lwrp-list-item:not(.lwrp-no-posts-message-item){
}
.lwrp .lwrp-list-item .lwrp-list-link .lwrp-list-link-title-text,
.lwrp .lwrp-list-item .lwrp-list-no-posts-message{
};
}
Leave a Reply