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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

Former President Donald Trump kicked off a last-ditch effort to preserve his claim of total immunity from criminal charges by asking the Supreme Court on Monday to intervene, filing an application for a stay of a lower-court ruling that he cannot use immunity as a defense. “President Trump is the leading candidate for President in the 2024 election,” Trump’s attorneys wrote in the application. The Best Cartoons on Donald Trump View All 292 Images“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 judges wrote. The request for a stay precedes an expected appeal to the high court and was not a surprise. Until the Supreme Court acts on the request for a stay, the appellate judges will delay formally sending their decision, or “mandate,” to U.S. District Judge Tanya Chutkan, who is overseeing the election interference trial.

Persons: Donald Trump, Trump, ”, Biden –, President Trump, Trump’s, Tanya Chutkan, Chutkan, eviscerated, Fred Wertheimer, ” Wertheimer, “ Organizations: “, U.S ., Appeals, Capitol, Donald Trump View, Trump, Democracy Locations: U.S, Colorado

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

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