President Trump on Monday asked the US Supreme Court to pause the immunity ruling in Jack Smith’s January 6 case in DC.
Last week a federal appeals court stacked with Biden judges denied Trump immunity in Special Counsel Jack Smith’s January 6 DC case.
The three-judge panel for the DC Circuit Court of Appeals ruled on Trump immunity claims: Florence Pan (Biden appointee), Michelle Childs (Biden appointee), and Karen Henderson (George W. Bush appointee).
“We have balanced former President Trump’s asserted interests in executive immunity against the vital public interests that favor allowing this prosecution to proceed,” the three-judge panel wrote.
“We conclude that ‘concerns of public policy, especially as illuminated by our history and the structure of our government’ compel the rejection of his claim of immunity in this case,” they wrote.
Trump’s lawyers argued that Trump is immune from federal prosecution for alleged ‘crimes’ committed while he served as US President.
“In 234 years of American history, no president ever faced criminal prosecution for his official acts. Until 19 days ago, no court had ever addressed whether immunity from such prosecution exists,” Trump’s lawyers wrote in last month’s filing, according to CBS News. “To this day, no appellate court has addressed it. The question stands among the most complex, intricate, and momentous issues that this Court will be called on to decide.”
On January 9 a three-judge panel heard oral arguments and appeared skeptical of Trump’s immunity claims – one judge, a Biden appointee, asked attorney John Sauer if Trump would be subject to criminal prosecution if he ordered SEAL Team 6 to assassinate his political rivals.
In the meantime, the March 4 trial date for Jack Smith’s DC case has been postponed.
Earlier this month Judge Tanya Chutkan, the Obama appointee who is overseeing Jack Smith’s January 6 case against Trump in DC formally postponed the trial.
Judge Chutkan in an order Friday postponed the trial and told the prospective jurors who were asked to fill out a pre-trial questionnaire not to appear in court next week.
Meanwhile in Florida….
Judge Cannon, the Trump appointee who is overseeing Jack Smith’s classified documents case in Florida will hold a March 1 hearing to get a status update on the special counsel’s DC case.
Cannon suggested the May 20 trial date for the classified documents case will be postponed if the special counsel couldn’t resolve the Trump immunity argument in a timely manner.
President Trump last week argued a US President should have full immunity in order to properly function.
“A President of the United States must have Full Immunity in order to properly function and do what has to be done for the good of our Country. A Nation-destroying ruling like this cannot be allowed to stand. If not overturned, as it should be, this decision would terribly injure not only the Presidency, but the Life, Breath, and Success of our Country. A President will be afraid to act for fear of the opposite Party’s Vicious Retribution after leaving Office. I know from personal experience because I am going through it right now. It will become a Political Weapon used for Election Interference. Even our Elections will be corrupted and under siege. So bad, and so dangerous for our Nation. SAVE PRESIDENTIAL IMMUNITY!” Trump said on Truth Social.
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