Former President Donald Trump has filed an emergency appeal with the Supreme Court, seeking to extend the delay in his election interference trial. Trump argues that he is immune from prosecution on charges that he plotted to overturn his 2020 election loss. His lawyers claim that without immunity from criminal prosecution, the presidency as we know it will cease to exist. The filing keeps the landmark criminal trial on hold while the Supreme Court decides what to do. The court’s decision could determine whether Trump stands trial before the November election.
There is no set timetable for the court to act, but special counsel Jack Smith’s team has pushed for the trial to take place this year. Trump has repeatedly sought to delay the case. If he 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 several options, including rejecting the emergency appeal and allowing the trial proceedings to restart in Washington’s federal court. They could also extend the delay while they hear arguments on the immunity issue.
Trump’s legal team has accused the prosecution of having partisan motives and argues that rushing into a trial would disrupt Trump’s ability to campaign against President Biden. They believe that the question of presidential immunity from criminal charges is a novel and complex issue that warrants careful consideration on appeal. In their request to keep the trial on hold, Trump’s lawyers indicated that they would also seek the full federal appeals court in Washington to weigh in before filing a formal appeal to the Supreme Court.
The Supreme Court, which now has three justices appointed by Trump, has not been particularly favorable to him on legal matters concerning the former president. They declined to take up several appeals related to the 2020 election and refused to prevent tax files and other documents from being turned over to congressional committees and prosecutors in New York. However, last week the justices seemed likely to end efforts to prevent Trump from being on the 2024 ballot. A decision in that case could come at any time.
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 extend to criminal prosecution as well. However, a unanimous panel of two judges appointed by President Biden and one by a Republican president rejected Trump’s claim of absolute immunity for actions within his official job duties. This is the second time judges have held that Trump can be prosecuted for actions undertaken while in the White House and leading up to the January 6, 2021, Capitol riot.
The case in Washington is one of four prosecutions Trump faces as he seeks to reclaim the White House. He also faces federal charges in Florida for illegally retaining classified documents, a case set for trial in May, as well as charges in Georgia for scheming to subvert the state’s 2020 election and in New York in connection with hush money payments made to Stormy Daniels. Trump has denied any wrongdoing.
