Trump asks the Supreme Court to intervene in the case about his immunity and the assault on the Capitol

First modification: 02/13/2024 – 05:20

3 min

Donald Trump on Monday asked the US Supreme Court to stay a court decision rejecting his claim that he is immune from prosecution for trying to overturn his 2020 election loss.

Trump (2017-2021) seeks that the Supreme Court stop the ruling of a lower court that determined that the former president did not enjoy presidential immunity and should be prosecuted for trying to reverse the results of the 2020 elections, instigating the assault on the Capitol in January of 2021.

The former president had until this Monday, February 12, to challenge the decision of the Court of Appeals of the District of Columbia, which on February 6 argued that, upon leaving the White House, he became another “citizen,” therefore that he was no longer protected by the immunity he had in office.

Read alsoAppeals court rejects Trump's immunity after attempts to reverse election defeat

The case is now in the hands of the Supreme Court, whose decisions could determine whether the former president goes to trial in Washington before the November elections.

In the text of the appeal, his lawyers asked the Supreme Court justices to take their time when examining the question of Trump's immunity.

“The assertion (…) that leaders have absolute immunity from criminal proceedings for their official acts presents a novel, complex and momentous issue that deserves careful consideration on appeal,” the request said.

The legal team of the Republican candidate has tried to delay any judicial process against him, since an eventual victory by Trump at the polls over the current president, Democrat Joe Biden, would place him as head of the Executive and would grant him the authority to order his attorney general to dismiss the federal charges against him.

Trump's strategy has already worked and has ensured that the judicial process against him for electoral interference, presided over by District of Columbia Judge Tanya Chutkan, has remained paralyzed since December.

Although the start of that trial was initially scheduled for March 4, that date has been suspended without a new one having been set.

In the face of Trump's efforts, the special prosecutor in charge of the case, Jack Smith, is doing everything possible to have the trial take place this year.

The judges of the Supreme Court, where conservatives have a majority, already rejected in December a request from Smith to intervene in the lawsuit over presidential immunity.

Now, faced with Trump's request, the judges have several options: directly refuse to consider the case, provisionally paralyze the judicial process against Trump while they debate the issue of presidential immunity, and also hold a hearing to hear the parties' arguments. .

There is no deadline for the Supreme Court justices to make a decision, although they will likely ask Smith's team for their opinion before doing so.

Of the nine Supreme Court justices, three were appointed by Trump.

The one in Washington is one of the four criminal charges that Trump faces. If the Washington trial is delayed, the first to be held could be the one he faces in New York for alleged irregular payments to porn actress Stormy Daniels, currently set for March 25.

In addition, the trial in Florida is scheduled for May 20, in which Trump is accused of having illegally stored classified material in his Mar-a-Lago mansion.

Finally, there is the case in which the Fulton County Prosecutor's Office (Georgia) accuses Trump of trying to subvert the 2020 election results in that state. A date has not yet been set for that trial.

With EFE