Trump's Attorneys Given Deadline to Argue Against Presidential Immunity in Election Fraud Trial

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ICARO Media Group
Politics
18/12/2023 20h23

In a high-stakes legal battle, former President Donald Trump's attorneys have been given until December 20, 4 p.m. EST, to present their arguments as to why the Supreme Court should not decide whether Trump is entitled to presidential immunity in his Washington, D.C. election fraud trial. The Chief Prosecutor, Jack Smith, had requested the Supreme Court to determine if Trump can claim immunity, bypassing the expected months of appeals.

Trump currently faces indictment on four counts related to alleged attempts to overturn the results of the 2020 election, including conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of an official proceeding, and conspiracy against rights. These charges are connected to the events leading up to the riot at the U.S. Capitol on January 6, 2021. As he campaigns for the 2024 Republican presidential nomination, Trump has pleaded not guilty in all his cases.

In response to Smith's request, Trump's lawyers heavily criticized the extraordinary nature of the petition. However, the Supreme Court announced on December 11 that it would expedite consideration of the case and granted Trump's lawyers two additional days, until the December 20 deadline, to file a response to Smith's request.

It is important to note that the court's swift response to Smith's late-night request indicates a likelihood that the case will be heard after considering the arguments presented by Trump's legal team. If the Supreme Court decides against Trump, it would nullify his appeals to the Washington, D.C. Court of Appeals, compelling him to face trial without immunity.

Former federal prosecutor Joyce Vance weighed in on the situation, suggesting that a Supreme Court decision would save time as the losing party is likely to appeal to the Supreme Court regardless. Vance also highlighted that the upcoming response deadline is not about the merits of Trump's motions to dismiss, but rather focuses on whether the court should hear the appeal at this stage.

Tanya Chutkan, the Washington, D.C. judge overseeing Trump's election fraud case, has agreed to pause the trial while the Supreme Court decides whether to take up the case. If the Supreme Court denies Trump's request, he can proceed with his original plan of appealing to the court of appeals.

Newsweek reached out to Trump's attorney for comment, but there has been no response yet.

The legal battle over presidential immunity in Trump's election fraud trial continues to captivate attention as the former president fights to protect his rights and defend against the charges he currently faces.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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