Donald Trump's legal team has petitioned the US Supreme Court to maintain a freeze on the criminal case related to his attempts to overturn the 2020 election results. This move comes as he prepares to challenge a recent appeals court ruling that denied him immunity from prosecution.
In addition to seeking the Supreme Court's intervention in preserving the freeze, the former president has requested the court to stay the order from the US Court of Appeals for the DC Circuit, preventing him from pursuing an "en banc" rehearing by the full bench of appeals judges.
In the 110-page petition submitted by Trump's lawyers, John Sauer, John Lauro, and Greg Singer, they argue that the application satisfies the court's traditional factors for granting a stay. They emphasize a strong likelihood that the Supreme Court will hear the case and contend that without a stay, Trump would suffer "irreparable injury" during the trial preparation.
The petition reiterates Trump's claim of immunity as an entitlement not to stand trial, asserting that it allows him to avoid the burdens of litigation pending a review of his claim. The former president's legal strategy has focused on delaying the impending trial, with the hope that such delays could extend beyond the 2024 election, providing him with an opportunity to pardon himself or instruct his attorney general to drop the charges if re-elected.
Trump's defense has centered on a broad interpretation of executive power, arguing for absolute immunity from prosecution due to the actions falling within the "outer perimeter" of his duties as president. However, this argument has faced resistance from the US District Judge Tanya Chutkan and a three-judge panel at the DC Circuit, both of whom rejected the claim.
While Trump's legal team views the immunity issue more as a tactic to stall the trial, they recognize it as the only motion triggering an automatic stay before trial. The urgency for Supreme Court intervention arose after the DC Circuit panel imposed a deadline for Trump to petition the court, which, if not met, would foreclose other avenues for appeal.
The coming decisions from the Supreme Court will determine whether Trump goes to trial before the 2024 presidential election. The speed at which the court acts will be crucial, as recent polls suggest that voters may be more inclined to support the Democratic incumbent, Joe Biden, if Trump is convicted in this case. If the Supreme Court declines the case, jurisdiction would return to Judge Chutkan, who has shown determination to proceed with the trial promptly. Conversely, if the court accepts the case, the timing of deadlines and arguments will impact the likelihood of a trial occurring before the election, with the court's speed becoming a significant factor in Trump's trial preparation timeline.