Donald Trump has requested a halt to federal prosecution regarding his alleged mishandling of classified documents, leveraging a recent Supreme Court ruling suggesting potential immunity from criminal charges linked to his official actions. According to a Bloomberg report, Trump’s legal team filed a request on Friday with District Judge Aileen Cannon to determine a schedule for debating the implications of the Supreme Court’s decision.
They proposed extending deadlines into September and pausing most proceedings until decisions are made concerning Trump’s immunity and a separate constitutional challenge to the appointment of Special Counsel Jack Smith. “Resolution of these threshold questions is necessary to minimize the adverse consequences to the institution of the Presidency arising from this unconstitutional investigation and prosecution,” Trump’s lawyers wrote.
Bloomberg reported that the recent 6-3 Supreme Court decision on July 1st, which stated that Donald Trump is entitled to some degree of protection against charges for his actions as president, has widespread implications. This ruling originated from a separate Washington case concerning his attempts to overturn the 2020 election results. Newsmax added that it is expected to impact three ongoing prosecutions against him, illustrating the decision’s significant reach and potential influence on related legal actions.
This week, a state judge in Manhattan postponed the sentencing in Trump’s New York fraud case from July 11 to September 18. According to reports, Trump’s legal team plans to argue that his conviction should be overturned because the judge improperly admitted trial evidence related to actions he took while serving as president. The New York district attorney’s office said Trump’s position is “without merit,” noted Bloomberg.
In Washington, D.C., the election obstruction case against Trump has not yet been officially sent back to District Judge Tanya Chutkan. However, as reported by Bloomberg, she is expected to set a schedule soon for written briefs and potentially a hearing to determine how much of the indictment can proceed to trial. Additionally, there is an ongoing legal battle in Fulton County, Georgia, regarding the 2020 election.
This case is on hold as Trump’s team seeks to disqualify District Attorney Fani Willis. A Georgia appeals court is tentatively scheduled to hear arguments in this matter in October. Bloomberg reported that in that case, too, the high court’s decision will likely delay a trial after a disqualification issue is fully litigated.
In the landmark decision on presidential immunity, conservative U.S. Supreme Court Justice Clarence Thomas indicated that Trump might have grounds to dismiss Smith from his ongoing federal cases. Thomas, in a concurring opinion, raised questions about the legal basis for Smith’s appointment to prosecute Trump, as reported by the New York Times. This development could bolster Trump’s defense team, which has already sought to dismiss Smith in the classified documents case. The extent of presidential immunity is now set to be further explored in the lower courts.
Thomas requested that lower courts should explore essential questions regarding the special counsel’s appointment without mentioning U.S. District Judge Aileen Cannon by name. He added that if U.S. Attorney General Merrick Garland’s appointment was found to be illegal, there should be consequences. “If there is no law establishing the office that the special counsel occupies, then he cannot proceed with this prosecution,” Thomas wrote on Monday. “A private citizen cannot criminally prosecute anyone, let alone a former president.”
In its 6-3 ruling handed down on Monday, the nation’s highest court ruled that a former president has absolute immunity for his core constitutional powers. Former presidents are also entitled to at least a presumption of immunity for their official acts, the court said, adding that there is no immunity protection in the Constitution for unofficial acts.
Disclaimer: This article may contain commentary which reflects the author’s opinion.