Former US President Donald Trump has asked the Supreme Court to suspend a lower court ruling that he does not have presidential immunity from prosecution. In his election interference case, Trump claimed that he could not be tried for acts carried out as president. However, three lower court judges disagreed and ruled that he can be prosecuted like any other citizen. Trump’s lawyers argue that he should not be tried during an election campaign as it would disrupt his ability to campaign against President Biden.
The Supreme Court will now decide whether to put the ruling on hold to allow Trump to appeal. If the request is granted, it would lead to a long delay in the landmark criminal case alleging that Trump plotted to illegally overturn the 2020 election, possibly until after the November election. If the Supreme Court declines to put the ruling on pause, the federal trial overseen by Judge Tanya Chutkan will be scheduled, likely for spring. Trump is currently facing three other criminal trials in addition to this one.
In the federal election interference trial, Trump has been charged with four counts: conspiracy to defraud the US, conspiracy to obstruct an official proceeding, obstruction of an official proceeding, and conspiracy against the rights of citizens. He has pleaded not guilty to the charges and his lawyers argue that presidents are immune from prosecution for crimes committed while they are in office, even after they leave the White House. Last week, a three-judge panel from the DC Circuit court rejected this argument and ruled that Trump is not immune from prosecution.
Now, Trump’s lawyers are asking the Supreme Court to review the case and put the lower court’s ruling on hold. If the lower court declines a review, Trump has requested that the ruling remain on hold while he files a formal appeal to the Supreme Court. The Supreme Court could respond in several ways, including denying Trump’s request to put the ruling on hold and restarting the federal trial, or denying his request for a review and effectively shutting down his immunity argument. If the court decides to hear Trump’s appeal, it could do so on a fast track or on the court’s usual schedule, which could likely delay a trial in the case past November’s election date.
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