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☆ Supreme Court to decide Trump immunity claim, further delaying election subversion trial
▼ + stars: | 2024-02-28 | by ( John Fritze | ) edition.cnn.com time to read: +6 min

CNN —The Supreme Court agreed Wednesday to decide whether Donald Trump may claim immunity in special counsel Jack Smith’s election subversion case, adding another explosive appeal from the former president to its docket and further delaying his federal trial. The high court on Wednesday ordered that a lower court ruling against Trump remain on hold until it decides the issue. As is common when granting a case, the court released only a short order and did not indicate how the justices voted. Trump had filed an emergency request at the Supreme Court on February 12 asking the justices to block a lower court ruling that he was not immune from Smith’s election subversion charges. Trump and Smith filed dueling briefs at the Supreme Court over whether the decision should be put on hold.

Persons: Donald Trump, Jack Smith’s, Trump, It’s, Smith, SCOTUS, Steve Vladeck, “, ” Vladeck, ”, Vladeck, Tanya Chutkan, Trump’s, Karen LeCraft Henderson, Florence Pan, Michelle Childs, eviscerated, Gore, George W, Bush, Al Gore, CNN’s Hannah Rabinowitz, Devan Cole Organizations: CNN, Supreme, Republican, Trump, DC Circuit, University of Texas School of Law Locations: New York, Bush

Trump has pledged to appeal and has until Monday to ask the Supreme Court to temporarily block the ruling. Perhaps to speed things along, the appeals court established a quick schedule for Trump to respond to Tuesday’s ruling, giving Trump until February 12 to file an emergency stay request with the Supreme Court. The Supreme Court, however, can take as long as it likes at each step. The cases are entirely separate – this is a criminal prosecution against Trump, and the upcoming Supreme Court case is a civil attempt to remove Trump from state ballots. Further, the appeals court’s findings and explanations in Tuesday’s ruling are not binding on the Supreme Court.

Persons: Donald Trump, “, Trump, It’s, Jack Smith, Karen LeCraft Henderson, Florence Pan, Michelle Childs, eviscerated Trump’s, Trump’s, –, Childs, Pan, Joe Biden, Henderson, George H.W, George H.W . Bush, ” “, ”, Nixon, ’, Tanya Chutkan, acquit Trump, Mitch McConnell Organizations: CNN, Trump, Electoral, Electoral College, Capitol, GOP, Justice Department, DC Circuit, United Locations: George H.W ., Washington ,, United States

☆ Trump does not have presidential immunity in January 6 case, federal appeals court rules
▼ + stars: | 2024-02-06 | by ( Devan Cole | Hannah Rabinowitz | ) edition.cnn.com time to read: +5 min

CNN —Donald Trump is not immune from prosecution for alleged crimes he committed during his presidency to reverse the 2020 election results, a federal appeals court said Tuesday. The ruling is a major blow to Trump’s key defense thus far in the federal election subversion case brought against him by special counsel Jack Smith. “For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant. But any executive immunity that may have protected him while he served as President no longer protects him against this prosecution,” the court wrote. Not protected under separation of powers clauseThe appeals court found that Trump is not protected from criminal prosecution under the separation of powers clause.

Persons: Donald Trump, Jack Smith, Smith, Trump, ”, J, Michelle Childs, Florence Pan, Joe Biden, Karen LeCraft Henderson, George H.W, George H.W . Bush, Trump’s, ’, ” Trump, “, CNN’s Holmes, Katelyn Polantz Organizations: CNN, Trump, DC Circuit, CNN Trump, Justice Department, DC Locations: George H.W ., United States

Circuit holds that Trump cannot invoke immunity as a defense against charges connected to his attempts to overturn the 2020 presidential election and a violent insurrection at the Capitol on Jan. 6, 2021. “For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant,” the panel’s ruling states. “The Indictment charges that former President Trump violated criminal laws of general applicability,” the opinion states. The panel ruling was unanimous and effectively bipartisan, with Democratic- and Republican-appointed judges in agreement. Such an appeal would continue a stay of the panel’s ruling until the high court acted.

Persons: Donald Trump’s, Trump, “, ” Trump, Steven Cheung, –, ”, ” “, Tanya Chutkan, Barack Obama, Karen LeCraft Henderson, George H.W, George H.W . Bush, J, Michelle Childs, Joe Biden, Florence Y, Pan, Appeal Trump Organizations: U.S ., Appeals, Circuit, Capitol, Trump, ” Trump Supporters Storm, Democratic, Republican, Appeal, Supreme Locations: United States, George H.W .

But it also sets the stage for additional appeals from the Republican ex-president that could reach the U.S. Supreme Court and result in further delays. The judges gave Trump until February 12 to ask the Supreme Court to pause the ruling. The appeals court took center stage in the immunity dispute after the Supreme Court in December said it was at least temporarily staying out of it, rejecting a request from Smith's team to take up the matter quickly and issue a speedy ruling. But the court could yet still decide to act on a Trump team appeal, adding to the uncertainty of a trial date. The high court declined the request, leaving the matter with the appeals court.

Persons: Donald Trump, Jack Smith's, Trump, Joe Biden, ”, Biden, Tanya Chutkan, “, Smith, Florence Pan, Michelle Childs, Karen LeCraft Henderson, George H.W, George H.W . Bush, Trump’s, John Sauer, He’s, Stormy Daniels Organizations: WASHINGTON, —, White, U.S . Capitol, Republican, U.S, Supreme, Trump, Constitution, Democrat, Congress Locations: U.S, George H.W ., Washington, Florida, Lago, Georgia, New York

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