- Written by Chloe Kim and Nadine Yousif
- BBC News
image source, Getty Images
Former US President Donald Trump has asked the Supreme Court to block a lower court's ruling that denied the president immunity from prosecution.
He had argued in the election interference case that he could not be tried for his actions as president.
Three lower court judges disagreed, ruling that he could be prosecuted like any other citizen.
But Trump's lawyers said he should not be put on trial during the campaign.
“Holding President Trump's months-long criminal trial at the height of election season would fundamentally disrupt President Trump's ability to campaign against President Biden,” Trump's lawyers wrote in a filing. It will become.”
The Supreme Court will now decide whether to suspend its decision to allow Trump to appeal.
If the conservative-dominated Supreme Court grants the request, the landmark criminal case that alleges Trump plotted to illegally overturn the 2020 election would likely be delayed significantly until after the November election. You'll probably be late.
But if the Supreme Court declines to put the verdict on hold, a federal trial overseen by Judge Tanya Chutkan would likely be scheduled for the spring.
In addition to this criminal trial, Trump faces three additional criminal trials as he vie for the White House.
He was indicted in Georgia on charges of trying to overturn that state's 2020 election results, and faces seven charges in Florida over his handling of classified documents after leaving the White House.
The third case involves allegations of concealed payments to New York-based adult film star Stormy Daniels. He has pleaded not guilty to charges in all cases.
Trump's legal team has also repeatedly tried to delay his criminal trial until after the 2024 election.
In the federal election interference trial, Trump is charged with four counts: conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of an official proceeding, and conspiracy against the rights of the people.
He has repeatedly denied wrongdoing, and his lawyers argue that the president cannot be prosecuted for crimes he may have committed while in office, even after he leaves the White House.
Last week, that claim was rejected by a three-judge panel of the D.C. Circuit, made up of one Republican appointee and two Democratic appointees, stating that “the “Administrative immunity that does not exist is no longer protective.” He opposed the charges. ”
Now, Trump's lawyers are asking the Supreme Court to put the lower court's decision on hold to give all active judges on the D.C. Circuit court time to consider the case.
They warned in their filing that denying immunity to former presidents would set a precedent that “such prosecutions will recur and become increasingly common.”
“Without immunity from criminal prosecution, the presidency as we know it would cease to exist,” Trump's lawyers argued.
If the lower circuit court refuses to reconsider the case, Trump has asked that the ruling be kept pending a formal appeal to the Supreme Court.
The Supreme Court could respond to Trump's request in several ways.
It could deny his request to suspend sentencing and reopen the federal trial. It is possible that Trump's request for a review will be rejected, effectively blocking his claim of immunity.
The court could decide to immediately hear Trump's appeal, bypassing lower court review. It could put it on a fast track, similar to another lawsuit currently considering whether Trump is eligible to vote in the 2024 election.
The court could also decide to try the case on its regular schedule, which could delay the case well past the November election.
The Supreme Court had previously rejected a request by the lead prosecutor in the case, Special Counsel Jack Smith, late last year to issue a speedy ruling on Trump's immunity claims.
It is unclear when the Supreme Court will rule on Trump's request.
