Trump appeals claim of ‘absolute’ presidential immunity to US Supreme Court

Former US President Donald Trump requested the US Supreme Courtroom on Monday to listen to his enchantment of a call from the US Courtroom of Appeals for the DC Circuit, which denied Trump’s declare of “absolute” presidential immunity from prison prosecution within the federal 2020 election interference case towards him. In doing so, Trump additionally requested the courtroom to increase a keep on trial courtroom proceedings. The DC Circuit stated it might situation its mandate within the case on Monday, which might have resumed trial courtroom proceedings which were on pause since Trump filed his first enchantment on the problem.

Trump’s submitting to the Supreme Courtroom served two functions. First, it requested that the courtroom situation a keep of the decrease courtroom proceedings. With out that keep, the trial courtroom proceedings are more likely to recommence instantly. Trump seeks to delay these proceedings whereas he continues to hunt an enchantment of his declare of immunity. Second, the submitting served as a writ of certiorari by asking the courtroom to take up his enchantment of the immunity situation.

In requesting a keep, Trump argued that his case “simply satisfies [the court’s] conventional elements for granting a keep of the mandate.” Trump claimed that the courtroom is more likely to grant his enchantment as a result of the problem is “of crucial public significance.” He additionally asserted that the courtroom is able to reverse the DC Circuit resolution. In doing so, Trump described the DC Circuit resolution as a “beautiful breach of precedent and historic norms” and echoed his counsel’s arguments made earlier than the circuit bench. Trump warned that, if the courtroom had been to not take up the enchantment, he would undergo irreparable hurt by sitting by means of a trial in the identical 12 months as a presidential election—during which he’s at present the main candidate for the Republican Social gathering.

Taking all these elements collectively, Trump requested that the Supreme Courtroom keep the DC Circuit’s mandate. He additionally indicated that he intends to hunt en banc evaluate earlier than the total bench of judges on the DC Circuit. Trump acknowledged that he intends to take action “within the odd course earlier than in search of (if obligatory) [the Supreme Court’s] evaluate.”

Within the writ of certiorari portion of his submitting, Trump requested the courtroom to contemplate two questions on enchantment:

“Whether or not the doctrine of absolute presidential immunity contains immunity from prison prosecution for a President’s official acts;” and
“Whether or not the Impeachment Judgment Clause … and rules of double jeopardy foreclose the prison prosecution of a President who has been impeached and acquitted by the U.S. Senate for a similar and/or intently associated conduct that underlies the prison costs.”

Trump claimed that the courtroom ought to study the DC Circuit enchantment as a result of the panel of judges determined there isn’t any such factor as presidential immunity in circumstances of prison prosecution. Trump claimed that if the DC Circuit resolution is allowed to face, the repercussions “will cling like a millstone round each future President’s neck, distorting Presidential decisionmaking, undermining the President’s independence, and clouding the President’s capability ‘to deal fearlessly and impartially with the duties of his workplace.’”

Trump additionally reiterated his separation of powers argument, asserting that “the Judicial Department can not sit in judgment immediately over the President’s official acts, and that any try to take action violates the separation of powers.” Trump referred the courtroom to previous circumstances that solely discovered courts might sit in judgment of a president’s subordinates—together with a number of circumstances referred to by the DC Circuit of their resolution. However, Trump famous, “[N]o courtroom has ever entered a … judgment towards the President in his official acts.”

Whereas the courts have beforehand discovered that there are some cases during which presidents might obtain immunity in civil lawsuits, the courts have by no means earlier than spoken to the problem of presidential immunity in prison prosecutions. Due to this and the federal significance of the questions raised, Trump urged the courtroom to take up the enchantment. Trump asserted that if any courtroom is to talk to the problem of presidential immunity from prison prosecutions for the primary time, it must be the Supreme Courtroom.

The federal prosecutor main the case towards Trump, Particular Prosecutor Jack Smith, beforehand requested the Supreme Courtroom to take up the problem on December 11, 2023, however the courtroom refused with out offering its reasoning for doing so. The courtroom now has the chance to contemplate whether or not they’ll hear the problem once more. 4 of the 9 justices should agree they need to hear the case to take up the enchantment.