Judge Aileen Cannon has approved former President Donald Trump’s request to halt the Biden Department of Justice’s prosecution of him in Florida for mishandling classified documents. This decision follows a Supreme Court ruling affirming presidential immunity, which has significant implications for the case.
Veteran reporter Julie Kelly reported that Trump’s legal team filed the motion, which called for a pause in proceedings while the impact of the immunity decision is weighed, on Friday. “President Donald J. Trump respectfully submits this motion for (I) leave to file supplemental briefing regarding the implications of Trump v. United States for the pending Presidential-immunity motion, ECF No. 324; and (2) a partial stay of further proceedings-with the exception of the pending gag-order motion, ECF No. 592-until President Trump’s motions based on Presidential immunity and the Appointments and Appropriations Clauses are resolved,” the motion said.
“A partial stay that pauses CIPA and other litigation is warranted based on the reasoning in Trump, and such a stay would be consistent with DOJ policies and practices that the Special Counsel’s Office claims to be bound by but is largely ignoring,” the motion continued. “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. A partial stay is also appropriate to prevent further exploitation of judicial institutions and resources by Executive Branch personnel in connection with the shameful ongoing lawfare campaign.”
In the motion, Trump’s legal team referenced the opinion of Justice Clarence Thomas, who appeared to argue that special counsel Jack Smith’s appointment was unconstitutional. “If this unprecedented prosecution is to proceed, it must be conducted by someone solely authorized to do so by the American people. The lower courts should thus answer these essential questions concerning the Special Counsel’s appointment before proceeding,” Thomas wrote.
In an X post, Kelly noted that Cannon set a briefing schedule on immunity matter through this month. It is likely that she will schedule a hearing sometime in August. In a series of posts, Kelly noted further: “Trump again raises Biden’s inappropriate remarks after SCOTUS opinion as proof the White House in interfering in the case. Trump also accuses DOJ of recently leaking info to media–something Judge Cannon admonished special counsel about when she appointed a special master in 9/22. I don’t think she will be too happy about this.”
Trump’s team 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 Trump is entitled to some degree of protection against charges for his actions as president, has widespread implications. The 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.
