Staff Reports
Former and (hopefully) future President Donald Trump is making moves to keep his January 6 case on ice, and he’s going all the way to the tippity top by asking the U.S. Supreme Court to intervene. This latest push comes hot on the heels of the DC Court of Appeals raining on Trump’s parade by ruling that he ain’t got no presidential immunity. The decision, which left Trump’s campaign spokesperson Steven Cheung fuming, prompted a vow to turn that frown upside down with an appeal.
The big cheese’s hope is to pump the brakes on this trial until after the next election, a strategy that would certainly come in handy if he finds himself back at the helm of the good ol’ U.S. of A. In that case, Trump could give himself a preemptive pat on the back with a presidential pardon or tell his Department of Justice (DOJ) to drop the whole shebang.
Trump Asks Supreme Court to Keep Jan. 6 Case on Hold Over Presidential Immunity Claims
https://t.co/JpJlsC4UOB— Townhall.com (@townhallcom) February 12, 2024
According to The Hill, Trump’s appeal sets the stage for a tussle of epic proportions at the high court over whether the president can be held accountable for his actions. The decision could also determine when Trump’s day in court actually arrives.
The former president has been itching to put the kibosh on his legal entanglements for a while now, and he’s managed to dodge a date in court in Washington, D.C., originally set for March 4, by using his immunity claims as a get-out-of-jail-free card. With this whole shebang now heading to the Supreme Court, the justices are poised to have a big say in whether Trump can shove the trial past the next presidential election.
If Trump pulls this off, he could waltz right back into the White House and maybe even pull a fast one by excusing himself from the legal pickle or telling his Justice Department to drop the whole song and dance.
When it comes to calling the shots on this emergency motion, Chief Justice John Roberts is the big cheese who’s automatically up to bat. But given the high stakes, chances are he’ll pass the potato to the whole crew for a vote.
The decision, which could come faster than a hiccup, will give us a hint about when Trump’s legal saga may finally start.
Before taking their immunity appeal to the Supreme Court, Trump’s legal eagles have their sights set on asking the full D.C. Circuit bench to give the three-judge panel’s ruling another once-over. Going down this road would buy Trump even more time, helping him kick the trial down the road and past the 2024 election.
If the justices give the nod to this request in an emergency ruling, Trump can hit the pause button and ask the full D.C. Circuit to take another look-see.
Trump’s lawyers laid out their case, arguing, “President Trump’s claim that Presidents have absolute immunity from criminal prosecution for their official acts presents a novel, complex, and momentous question that warrants careful consideration on appeal.”
Some folks reckon that the court might just turn up its nose at this case, arguing that the lower court’s opinions are as solid as a rock.
Curt Levey, a big shot in the constitutional law world and the president of the Committee for Justice, reckons that the D.C. Circuit should’ve kept its mitts off the trial until Trump’s legal team could take the normal route of filing a petition for Supreme Court review. He’s making the case that given the D.C. Circuit’s apparent eagerness to toss Trump into the legal wringer before the election, going all out for an emergency stay was Trump’s only shot.
Jonathan Turley, a legal smarty pants and professor, says that even though the Court of Appeals’ decision might look like bad news for Trump, it could actually give him more time to bust a move.
After Trump’s camp made their pitch, Turley doubled down, saying that he’s all in on the Court giving this case a once-over.
Levey chimed in, saying the Court needs to tackle this pickle at some point. He’s shouting from the rooftops, “The Court needs to decide the merits because there is no governing precedent about if and when an ex-president has immunity, given that no prosecutor has ever before indicted an ex-president.”
Trump’s push comes after the Supreme Court got an earful last Thursday in Trump v. Anderson, where the justices were chewing over whether Colorado was out of line in trying to give Trump the boot from the ballot. The tea leaves are pointing to a rough ride for Colorado, maybe even a unanimous decision against them.
