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What occurs now that Trump has taken his fight for immunity to the Supreme Court

Trump has taken his fight for immunity to court

Trump

February 12, 2019 (Reuters) – Invoking a shield from prosecution for his attempts to overturn his 2020 election loss, Donald Trump asked the U.S. Supreme Court on Monday to postpone a ruling that rejected his claim. He claimed that without this protection, “the presidency as we know it will cease to exist.” In an
attempt to win back the presidency on November 5, Trump requested that the Supreme Court postpone the decision made on February 6 by a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit, which had denied his request for immunity from prosecution.The legal team representing Donald Trump has not been coy about its plan to drag out the prosecution of his election subversion lawsuit as long as possible. The Supreme Court may indicate this week whether it is open to participating in this most recent ploy or not. In response to a recent appeals court decision that rejected his claim of presidential immunity for his actions before the January 6 riot, the former president formally asked the justices on Monday to put their decision on hold.

Get the prosecutors to respond

The court is expected to request a response from the team of special counsel Jack Smith regarding Trump’s request for a stay of the recent ruling against him on the immunity issue by the appeals court. There would probably be a very short deadline attached to a requested response. Even if the justices chose not to address Trump’s filing, this would still cause a delay in the case’s proceedings because the
trial cannot begin until the immunity claim is settled.

Choose to hear oral arguments before making a decision

The court might choose to handle Trump’s request like a typical appeal, which would entail setting a time for oral argument and issuing a thorough decision. Donald Trump during a Portsmouth, New Hampshire, campaign rally (Photo by Chip So ode villa via Getty Images). At a Portsmouth, New Hampshire, campaign rally, Donald Trump (Chip So ode villa / Getty Images file).Depending on how soon the court agreed to hear oral arguments and then make a decision, that could cause delays and increase uncertainty ahead of a trial date.

Court
Accept Trump’s request

The court may choose to grant a delay in response to Trump’s request without holding oral arguments. In that case, the court would issue a brief written ruling approving Trump’s request. It would typically specify the conditions under which the pause would end. Usually, a ruling of this kind would be issued to allow
Trump time to file an appeal of the lower court decision, a process that could take several months to complete. If the court takes that course, there might be dissents.

Reject Trump’s request

The matter would return to U.S. District Judge Tanya Chutkan for trial if the court ruled against Trump’s request for a pause. However, the trial would not start immediately. The judge would still have to give both parties time to prepare for trial and consider the entire period that the case has been essentially on hold since early December. In the event that the Supreme Court declines Trump’s request without delay and he is put on trial, he may later raise a challenge to his prosecution on the grounds of presidential immunity.

Rule against Trump right away

Given the unique nature of the case and the pressing need for a speedy resolution, some legal observers have conjectured that the court might take the unusual step of simply issuing a ruling affirming the appeals court decision without holding oral arguments or requesting any additional briefing. Such a decision would be predicated on the idea that, given the significance of the case to the entire country, the Supreme Court ought to address it, regardless of the justices’ opinion regarding the correctness of the appeals court’s decision.

Rule against Trump right away

Given the unique nature of the case and the pressing need for a speedy resolution, some legal observers have conjectured that the court might take the unusual step of simply issuing a ruling affirming the appeals court decision without holding oral arguments or requesting any additional briefing. Such a decision would be predicated on the idea that, given the significance of the case to the entire country, the Supreme Court ought to address it, regardless of the justices’ opinion regarding the correctness of the appeals court’s decision.