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10 things to know about Trump’s immunity battle as it heads to the Supreme Court
By
Jake Beardslee
· February 6, 2024
A federal appeals court ruled Tuesday that former President Trump does not have presidential immunity in his election subversion case,
The Hill reported
. This pushes Trump to appeal to the Supreme Court by Feb. 12 to halt his trial schedule. The Supreme Court has yet to intervene in Trump's cases.
Gage Skidmore from Surprise, AZ, United States of America/Wikimedia
Trump
was charged
in August with 4 counts of conspiracy to overturn the 2020 election and inciting the Jan. 6, 2021 Capitol attack that disrupted Congress' certification of Biden's win. Trump pleaded not guilty.
Gage Skidmore from Peoria, AZ, United States of America/Wikimedia
Judge Tanya Chutkan originally set a March 4 trial date. But she and prosecutors
agreed to halt the schedule
as Trump appeals his immunity claim, potentially delaying the trial until after the 2024 election.
Gage Skidmore from Surprise, AZ, United States of America/Wikimedia
The appeals court ruling
denies Trump's immunity argument
, forcing him to appeal to the Supreme Court or have the case sent back to trial court. Trump's campaign immediately vowed to appeal.
Mathieu Landretti/Wikimedia
Before appealing to the Supreme Court, Trump can ask the full appeals court to reconsider. But that wouldn't halt the case from proceeding to trial until they act, likely weeks.
Gage Skidmore from Surprise, AZ, United States of America/Wikimedia
To pause the trial, Trump must immediately seek emergency Supreme Court relief. So far,
every judge has rejected Trump's immunity claim
.
Gage Skidmore from Surprise, AZ, United States of America/Wikimedia
The appeals panel said any executive immunity Trump had as president no longer protects him. Trump
argued
presidents must have immunity from prosecution to function effectively.
Gage Skidmore from Peoria, AZ, United States of America/Wikimedia
The panel said impeachment is political, not criminal, and past presidents with legal issues saw immunity differently, like
Ford pardoning Nixon
.
The Nixon library/Wikimedia
Trump
also faces charges in 3 other cases
, including mishandling classified documents and cases in New York and Georgia related to his business practices and efforts to overturn 2020 election results.
Gage Skidmore from Peoria, AZ, United States of America/Wikimedia
Trump will likely ask the Supreme Court for an emergency stay of the trial until they resolve his immunity appeal.
So far the court has not intervened in Trump's cases
.
Gage Skidmore from Peoria, AZ, United States of America/Wikimedia