Just four days after the Supreme Court justices heard oral arguments in former President Donald Trump’s quest to be restored to the Colorado ballot, he returned to the Supreme Court. This time, aiming to persuade the justices to temporarily block a decision by a federal appeals court that permits his criminal trial related to accusations of plotting to overturn the results of the 2020 election. Read more at SCOTUSblog.
The aforementioned request to the Supreme Court comes in conjunction with a 39-page filing where Trump contends his presidency would “cease to exist” without immunity from criminal prosecution. Criticizing what he termed an “unprecedented and unacceptable departure from ordinary appellate procedures,” Trump implored the Supreme Court to put the lower court’s decision on hold. He sought this pause to secure time to not only review said ruling but also to requests the full D.C. Circuit to weigh in, a move which could further defer the proceedings even if the Supreme Court were to ultimately rule against him.
Rejections of Trump’s claims of immunity came from a unanimous three-judge panel of the D.C. Circuit, composed of two judges appointed by President Joe Biden and another by former President George H. W. Bush. The panel dismissed Trump’s assertion that he is immune from prosecution for actions carried out in his official capacity as president. The panel emphasised that such a stance would dismantle the system of separated powers, unwittingly placing a former president above the law.
The panel also rebutted Trump’s contention that under the Constitution, a former president can only face criminal charges if he has been impeached by the House and convicted by the Senate. The opinion echoes the sentiments held by U.S. District Judge Tanya Chutkan, who has expressed her intention to set a new date for Trump’s trial, pending a resolution of the immunity claims.
Trump’s petition to the Supreme Court was not unexpected. This is significant given his repeated assertions that the appeals court’s ruling which negates his immunity is a “stunning breach of precedent and historical norms.” He warns that if upheld, it may birth “destructive cycles of recrimination” and compromise Presidential decision-making. Furthermore, Trump believes a trial in the midst of election season could seriously disrupt his ability to campaign.
The task of handling Trump’s emergency appeals from the D.C. Circuit falls to Chief Justice John Roberts. It is anticipated that Justice Robert will direct Special Counsel Jack Smith to respond to Trump’s application. Once a response has been filed, the court may choose to treat Trump’s request as an application for a stay of the D.C. Circuit’s decision, or they could consider it a petition for a more comprehensive review of the lower court’s decision.
The above summary is based on an article originally published at Howe on the Court.