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Donald Trump, the former President of the United States, has requested that the Supreme Court delay a lower court’s ruling that dismissed his argument for immunity from criminal charges in the federal case concerning the 2020 election.

2nd Circuit’s decision, meaning that the ruling would not immediately take effect.

On Monday, Trump’s lawyers filed a 39-page document requesting that the justices put a “stay” on the 2nd Circuit’s decision, which would delay its immediate implementation.ruling issued

A panel of three judges in the Court of Appeals for the District of Columbia Circuit has decided to postpone the implementation of their ruling until February 12th, in order to allow Trump the opportunity to appeal to the Supreme Court.

Five judges must agree to grant Trump’s urgent appeal. Trump’s lawyers argue that this temporary suspension is crucial in order for them to have enough time to pursue additional review of the decision, either from the entire D.C. Circuit or directly from the Supreme Court. The document suggests that they will eventually petition the Supreme Court to make a final decision on the issue.

The view expressed is that although the person had immunity while they were President, that protection does not apply to this prosecution.

Last year, a federal grand jury accused Trump of four offenses related to an alleged effort to illegally overturn the outcome of the 2020 presidential election. Trump entered a plea of not guilty for all charges and maintains his innocence.

The panel of judges stated that they cannot agree with former President Trump’s assertion that a president has unlimited power to commit offenses that would undermine the most essential limitation on executive authority – the acknowledgment and implementation of election outcomes.

Following Trump’s reasoning, they asserted that this would give the Executive Branch complete freedom to disregard the rights of citizens to vote and have their votes counted.

The decision made by the appeals court panel will become effective on February 12, unless Trump requests emergency relief from the Supreme Court or if the full appeals court decides to review the case after the deadline.

Trump’s filing

The ex-president’s lawyers have requested a temporary halt to the appeals court’s decision, stating that the Supreme Court has strong justification to do so while the case is still being litigated. They pointed out that the question of a president’s immunity from federal charges is a new and significant matter for the court to consider, and if the justices do not intervene, Trump’s criminal case will remain ongoing, connecting the legal dispute to his efforts to regain the presidency.

“The Special Counsel is urgently attempting to compel President Trump to undergo a lengthy criminal trial during a crucial time in the election season, effectively removing him from the campaign and preventing him from campaigning against President Biden, to whom the Special Counsel ultimately reports. This could result in severe violations of the First Amendment for both President Trump and all American voters, regardless of their political stance, and has the potential to damage the integrity of the federal courts by appearing biased.”

The Supreme Court is being asked to review whether a president’s immunity applies to criminal charges for actions taken while in office, and whether being impeached by the House and acquitted by the Senate shields the president from prosecution for similar behavior.

The 1982 decision of the Supreme Court, which involved Richard Nixon, stated that presidents are protected from civil lawsuits for actions performed as part of their official duties.

The legal representatives of Trump claimed that if a president is held accountable for charges, it could lead to a rise in prosecutions, ultimately causing damaging cycles of blame.

Lauro and Sauer stated that the possibility of facing criminal charges from an opposing Administration in the future will heavily influence all future Presidents’ official actions, particularly those that are politically contentious. They believe that political adversaries will attempt to manipulate and dictate the President’s decisions through the use of coercion or threats of prosecution by a hostile Administration, even if there is no justifiable reason for such legal action.

The lawyers challenged the appeals court’s ruling, stating that it misinterpreted previous legal rulings and made significant mistakes. They asserted that the unanimous decision disregarded constitutional worries regarding the division of powers. They contended that matters of this importance require ample time for consideration, and that Trump’s criminal case should not move forward until these matters are resolved.

What comes next

On Monday, Trump’s legal team stated that their future actions will depend on how the justices handle their plea for a delay. The court is primarily conservative with a 6-3 majority, including three justices chosen by Trump.

Trump is seeking further assistance from the court, requesting that the previous decision made by the panel be delayed until both the Supreme Court proceedings and his intended appeal to the entire D.C. Circuit can be resolved. His legal team stated that Trump intends to pursue a review from the full appeals court at a later time.

If the D.C. Circuit chooses not to review the panel’s ruling or rules against Trump, he could potentially request the intervention of the Supreme Court. The Supreme Court could also issue a temporary suspension and opt to address the matter right away.

In October, the previous leader initially brought up his argument of being protected by presidential immunity. He requested U.S. District Judge Tanya Chutkan, who is in charge of the criminal case in D.C., to dismiss the charges. Chutkan rejected the request and Trump then appealed the decision to the D.C. Circuit.

postponed all cases scheduled for April 20 or after.

Chutkan’s court has paused the trial schedule and has postponed all cases set for April 20 or later.indefinitely delayed the March 4 trial date until the immunity question is settled. 

Last month, the special counsel, Smith, requested for the Supreme Court to bypass the appeals court and make a final decision on the issue of immunity. However, the high court rejected expediting the case and opted to allow the appeals process to continue. The special counsel’s office chose not to provide a comment on Trump’s filing on Monday.

The Supreme Court has never decided whether former presidents are entitled to criminal immunity for conduct that occurred while they were in the White House. Trump is the first former president in the nation’s history to be indicted.

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Source: cbsnews.com