to weigh his claim that he is immune from prosecution and to delay criminal proceedings in his election subversion case while the justices weigh the dispute.
Trump contends former presidents should have immunity from charges over actions they took in office and has said that Congress must secure a conviction during the impeachment process in order for any former president to face criminal charges for the same underlying conduct in aThe former president’s lawyers met the Feb. 12 deadline to appeal the U.S. Court of Appeals for the District of Columbia Circuit’s 3-0 ruling against his presidential immunity claims. The D.C.
Chutkan was the first judge to weigh Trump’s claims of presidential immunity and ruled against them on Dec. 1, teeing off an exhaustive battle in which the former president has not yet seen favorable outcomes in his quest to dismiss four charges that accuse him of attempting to subvert the 2020 election results.
Trump’s trial was initially slated to begin on March 4, but Chutkan removed it from the calendar after it became clear the immunity battle would not conclude in time. If the justices decline Trump’s request to pause the case, the pretrial proceedings will resume at the federal district court in Washington, and a trial could potentially begin in late May or sometime thereafter.Special counsel Jack Smith previously said Trump’s emergency appeal of the D.C.
First, Trump “cannot show the requisite likelihood that this Court would reverse the judgment and sustain his extraordinary claim of absolute immunity; and, second, the serious harm to the government — and to the public — of postponing the resolution of the criminal charges against applicant outweighs any equities he can assert to preclude further pre-trial proceedings while he seeks certiorari,” Smith wrote.
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