Last week, the DC Circuit ruled that former President Trump is not immune from civil suit for his role in the January 6 Capitol Riot, affirming that Trump’s actions were taken in his personal capacity as a presidential candidate, rather than as part of his official duties. Subsequent to this, Judge Tanya Chutkan denied President Trump’s motions to dismiss his criminal case based on presidential immunity and several “constitutional grounds”.
Trump’s legal team responded quickly, appealing against Judge Chutkan’s ruling and immediately demanding that all proceedings be stayed, arguing that the appeal deprives the court of jurisdiction over the case until resolution.
The lawyers’ basis for this move appears to be that the stay of civil proceedings in a separate DC Circuit suit, Blassingame v. Trump, impacts the court dealing with the criminal case. This is despite the fact that the DC Circuit explicitly stated that the conduct alleged — which substantially aligns with the election interference allegations in the criminal case — were not part of the president’s official duties and hence not shielded from suit.
The team is also referencing a civil suit, Coinbase, where the Supreme Court dictated that an interlocutory appeal from a denial of a motion mandates an automatic stay of proceedings in the district court during the course of appeal. Moreover, they cited a criminal case from 1997 where the DC Circuit overturned a RICO conviction because the trial judge proceeded with the trial before the mandate was issued from the appeals court.
Although this line of argument seems weak, Judge Chutkan and the prosecution have yet to respond. According to Above the Law, it remains a possibility that the appeal could encounter a panel that agrees with Trump’s legal stance.
The details of the case and its filings can be found on the Court Listener: US v. Trump.