Attorneys Request: The New Supreme Court in 2020.
Trump’s attorneys request that the Supreme Court postpone their trial for alleged election meddling, citing presidential immunity.
Attorneys for former President Donald Trump are requesting an extension of the trial’s postponement from the Supreme Court, arguing that Trump is exempt from prosecution for allegedly hatching a scheme to avenge his election defeat in 2020.
Just four days after the justices heard Trump’s separate appeal to be allowed to continue running for president in spite of efforts to disqualify him due to his actions following his election defeat in 2020, lawyers John Lauro, Todd Blanche, and John Sauer filed an emergency appeal with the high court on Monday.
The filing postpones what was set to be a historic criminal trial of a former president while the highest court of the country makes its decision.
Attorneys Request: The New Supreme Court in 2020.
It fulfilled a deadline set by the federal appeals court in Washington, which rejected Trump’s claims of immunity and decided the trial could go forward, to request the justices to step in.
Whether or not the Republican front-runner in the presidential primary is put on trial in this case prior to the general election in November may depend on the Supreme Court’s decision and how soon it takes action.
The Trump attorneys contended in their filing that the US Circuit Court of Appeals in Washington, DC, issued “an extraordinarily fast” ruling in the election interference case, remanding the case to the district court absent intervention from the highest court.
“The prosecution of a President will recur and become more common, ushering in destructive cycles of recrimination, if the prosecution is upheld,” the lawyers wrote.
Attorneys Request: The New Supreme Court in 2020.
“The Political opponents of the president will use effective blackmail or extortion to control and influence their actions by threatening to indict them for actions that do not warrant such prosecution in the future, either explicitly or implicitly, they said.
“This threat will hang like a millstone around the neck of every President to come, distorting the President’s independence, undermining his ability to deal fearlessly and impartially with the duties of his office,” and clouding his ability to make decisions as President.”
If the President is not shielded from prosecution, the office will no longer exist as we know it.
The Trump administration’s legal team has insisted that the president acted within the “outer perimeter” of his official duties when he challenged election results between Election Day 2020 and his departure from office in January 2021.
Since no President has ever been prosecuted for official acts in the 234 years of American history, he is therefore immune from prosecution under the doctrine of stare decisis, which maintains that earlier court decisions should be upheld.
This is supported by the defense team’s observation.
Additionally, Trump’s attorneys contend that since the US Senate cleared him of any wrongdoing related to the attempted decertification of the electoral count and the inciting of the Capitol riot on January 6, 2021, he should be exempt from prosecution under the doctrine of double jeopardy.
The separation of powers doctrine “does not bar the federal criminal prosecution of a former President for every official act,” according to the federal appeals ruling of a three-judge panel that rejected both arguments.
“Trump’s purported attempts to stay in office after losing The judges declared that, if verified, the 2020 election represented an unparalleled attack on our government’s framework.
“It is said that he introduced himself into a procedure where the President has no authority.”
“If the President were to be immune from federal indictment, this would imply that the Congress, the Executive branch, and the judiciary would be unable to enact laws, carry out investigations, or conduct reviews,” they continued.
“It is inappropriate for former President Trump to rely on the Double Jeopardy Clause. There cannot be a criminal penalty for being impeached because it is not a criminal procedure.
The president’s claim of immunity from prosecution was also denied by DC US District Judge Tanya Chutkan in December 2023, which started the appeals process.
Chutkan originally scheduled the trial for March 4, 2024, but she subsequently moved it up.
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