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Judge pauses Trump’s 2020 election case as he appeals immunity claim

Donald Trump’s election interference case in Washington will be put on hold while the former president further pursues his claims that he is immune from prosecution, a judge ruled Wednesday.

Quick Read

  1. Case Put on Hold: The case against former President Donald Trump in Washington regarding his alleged interference in the 2020 election has been temporarily halted. U.S. District Judge Tanya Chutkan ruled to pause the proceedings while Trump continues his claim of presidential immunity from prosecution.
  2. Potential Trial Postponement: The trial, initially scheduled for March 4, is likely to be postponed due to the ongoing appeal process. This delay could extend until after next year’s election, potentially benefiting Trump as he seeks a return to the presidency.
  3. Significance of Immunity Claim: Trump’s assertion of immunity is central to the case. A favorable ruling for Trump could derail the entire prosecution, while a prolonged appeal process might significantly delay the trial.
  4. Supreme Court Involvement: The U.S. Supreme Court has been asked to fast-track a decision on Trump’s immunity claim. Trump’s lawyers are required to respond by December 20, with the Supreme Court yet to indicate its final decision.
  5. Impact of Supreme Court’s Review on Related Charge: The Supreme Court is also reviewing an obstruction charge related to the January 6, 2021 Capitol riot, which could impact the charges against Trump.
  6. Historical Context: No former U.S. president has ever been prosecuted, a precedent Trump’s lawyers are using in their defense.
  7. Judge Chutkan’s Rejection of Trump’s Claims: Judge Chutkan, appointed by former President Barack Obama, dismissed Trump’s immunity arguments, stating that the presidency doesn’t provide a lifelong exemption from prosecution.
  8. Impact of the Order on Trial Preparations: The order pauses proceedings towards the trial but does not affect the enforcement of a gag order on Trump or the sharing of evidence.
  9. Prosecution’s Stance: Special counsel Jack Smith’s team argued against pausing the case, saying that pretrial preparations could continue while the immunity claim is being appealed.
  10. Ongoing Appeal at the D.C. Circuit: Trump’s appeal is also proceeding at the U.S. Court of Appeals for the D.C. Circuit, with both sides debating the urgency of the case.
  11. Trump’s Defense Argument: Trump’s lawyers accuse the prosecution of trying to expedite the trial before the 2024 presidential election, alleging interference with the election and Trump’s potential candidacy.
  12. Precedents for Supreme Court Expediency: The Supreme Court has historically acted swiftly in crucial cases, such as during Watergate and the 2000 presidential election.
  13. Multiple Criminal Prosecutions: Trump faces criminal charges in four different jurisdictions, including cases in Florida, Georgia, and New York, involving various allegations from retaining classified documents to falsifying business records.

The Associated Press has the story:

Judge pauses Trump’s 2020 election case as he appeals immunity claim

Newslooks- WASHINGTON (AP)

Donald Trump’s election interference case in Washington will be put on hold while the former president further pursues his claims that he is immune from prosecution, a judge ruled Wednesday.

The decision from U.S. District Judge Tanya Chutkan raises the likelihood that Trump’s trial on charges of plotting to overturn the 2020 election, currently scheduled for March 4, will be postponed as the appeal of a legally untested argument winds through the courts.

FILE – This undated photo provided by the Administrative Office of the U.S. Courts, shows U.S. District Judge Tanya Chutkan. Chutkan is initially assigned to the election fraud case against former President Donald Trump. Former President Donald Trump and his legal team face long odds in their bid to move his 2020 election conspiracy trial out of Washington. They argue the Republican former president can’t possibly get a fair trial in the overwhelmingly Democratic nation’s capital. (Administrative Office of the U.S. Courts via AP, File)

The issue is of paramount significance to both sides given that a court ruling in Trump’s favor would presumably derail the case and because a protracted appeal could result in a significant postponement of the proceedings, including until potentially after next year’s election, that would benefit the ex-president as he seeks to reclaim the White House.

The three-page order is the latest volley in a simmering dispute over the scope of presidential power that has the potential to be decided by the U.S. Supreme Court for the first time in American history.

After Chutkan this month turned aside Trump’s claims that he was shielded from prosecution for actions he took while fulfilling his duties as president, his lawyers asked a Washington-based appeals court to review the decision and urged the judge to freeze the case in the meantime.

FILE – Special counsel Jack Smith speaks to the media about an indictment of former President Donald Trump, Aug. 1, 2023, at an office of the Department of Justice in Washington. Special counsel Jack Smith obtained search warrant for Twitter to turn over info on Trump’s account, court documents say. (AP Photo/J. Scott Applewhite, File)

But special counsel Jack Smith, in a sign of both the gravity of the issue and his determination to keep the case on schedule, sought to leapfrog the appeals court by asking the U.S. Supreme Court on Monday to fast-track an opinion on the immunity question that would permit the case to proceed. The court indicated that it would decide quickly whether to take the case up, ordering Trump’s lawyers to respond by Dec. 20. But it did not signal what it would ultimately do.

The Supreme Court dealt further uncertainty to the timing and overall fate of the case Wednesday as it said it would review a charge of obstruction of an official proceeding that has been brought against more than 300 participants in the Jan. 6, 2021, riot at the U.S. Capitol. The charge is one of four brought by Smith against Trump, so a ruling in favor of the accused rioters could upend not only those cases but also affect the prosecution of the former president.

Former President Donald Trump speaks after exiting the courtroom for a break at New York Supreme Court, Thursday, Dec. 7, 2023, in New York. (AP Photo/Eduardo Munoz Alvarez)

The argument that Trump is immune from prosecution for actions taken within his role as president has for months been seen as perhaps the most weighty and legally consequential objection to the case made by the Trump lawyers ahead of trial. No former president has ever been prosecuted before, a lack of historical precedent Trump’s team has seized on in trying to get the indictment tossed out.

But Chutkan, who was appointed by former President Barack Obama, flatly rejected Trump’s arguments, writing in her order that the office of the president “does not confer a lifelong ‘get-out-of-jail-free’ pass.”

Chutkan’s order pauses any “further proceedings that would move this case towards trial or impose additional burdens of litigation on Defendant.” But she left open the possibility of keeping the current trial date if the case returns to her court, saying that date and other deadlines were being put on pause rather than canceled. She also said her ruling had no bearing on the enforcement of a gag order placing restrictions on Trump’s speech outside of court or on other orders governing the sharing of evidence.

FILE – Former President Donald Trump speaks with reporters before departure from Hartsfield-Jackson Atlanta International Airport, Thursday, Aug. 24, 2023, in Atlanta. Trump has pleaded not guilty and waived arraignment in the case accusing him and others of illegally trying to overturn the results of the 2020 election in Georgia. (AP Photo/Alex Brandon, File)

Smith’s team had told Chutkan not to pause the case, saying the judge could continue to resolve issues unrelated to the appeal while the immunity claim is pending in appeals courts. Prosecutors said they would “continue to meet every pretrial deadline the court has set for it,” so that the case could swiftly move to trial if the higher courts reject Trump’s immunity argument.

The appeal is separately continuing to play out before the U.S. Court of Appeals for the D.C. Circuit. Smith’s team had also asked that court on Monday to expedite its consideration of the Trump appeal. But Trump’s lawyers accused prosecutors of trying to rush the case through before next year’s presidential election as they told the judges to take their time.

“The prosecution has one goal in this case: To unlawfully attempt to try, convict, and sentence President Trump before an election in which he is likely to defeat President Biden,” defense lawyers wrote. “This represents a blatant attempt to interfere with the 2024 presidential election and to disenfranchise the tens of millions of voters who support President Trump’s candidacy.”

A Supreme Court case usually lasts several months, from the time the justices agree to hear it until a final decision. Smith is asking the court to move with unusual, but not unprecedented, speed.

Nearly 50 years ago, the justices acted within two months of being asked to force President Richard Nixon to turn over Oval Office recordings in the Watergate scandal. The tapes were then used later in 1974 in the corruption prosecutions of Nixon’s former aides.

It took the high court just a few days to effectively decide the 2000 presidential election for Republican George W. Bush over Democrat Al Gore.

If the justices decline to step in at this point, Trump’s appeal would continue at the U.S. Court of Appeals for the D.C. Circuit. Smith said even a rapid appellate decision might not get to the Supreme Court in time for review and final word before the court’s traditional summer break.

Trump faces four criminal prosecutions in four different cities. He is charged in Florida with illegally retaining classified documents at his Mar-a-Lago estate and faces a state prosecution in Georgia that accuses him of trying to subvert that state’s 2020 presidential election and a New York case that accuses him of falsifying business records in connection with a hush money payment to a porn actress.

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