Former US President Donald Trump is demanding that all proceedings in the federal criminal case in which he is accused of trying to undermine the 2020 presidential election be dismissed, POLITICO reports.
Trump argues that US District Court Judge Tanya Chutkan no longer has the authority to run the case while he appeals her ruling that Trump does not have immunity from the charges against him – a process that could take weeks or months. In the meantime, he said, Chutkan should set aside all deadlines and relinquish her authority over the case.
Trump’s lawyers said Thursday, citing the “political costs to President Trump and the country” if the case moves forward, he is entitled to an “automatic stay” while he appeals last week’s Chutkan ruling.
If Chutkan grants that request, it could jeopardise her plan to begin the former president’s trial on March 4 at a Washington courthouse a few blocks from the Capitol, which his supporters attacked on January 6, 2021.
Trump is appealing Chutkan’s ruling rejecting his claim that he is immune from prosecution on election-related charges by virtue of his presidency at the time. The ruling also rejected his argument that he could not be prosecuted because the House of Representatives impeached him and the Senate acquitted him of conduct related to the Jan. 6 Capitol riots. Trump’s attorneys Todd Blanche and John Lauro wrote:
The filing of President Trump’s notice of appeal has deprived this Court of jurisdiction over this case in its entirety pending resolution of the appeal. Therefore, a stay of all further proceedings is mandatory and automatic.
Trump’s lawyers said that even if Chutkan does not grant a continuance, they will still ask the D.C. Circuit Court of Appeals to do so and act as if such a continuance already exists. This could make a big difference in a case that is only three months away from trial. Potential jurors have already begun receiving advance notices from the courthouse.
The attorneys said that unless Chutkan decides otherwise, they will ignore upcoming case deadlines related to pretrial motions, information sharing with prosecutors and the appointment of expert witnesses.
In an 11-page statement, Trump’s legal team said prosecutors from Special Counsel Jack Smith’s office have said they plan to object to the suspension.
Trump’s lawyers noted that prosecutors have acknowledged that Trump cannot be forced to go to trial in the case while an immunity appeal is pending. But Trump’s lawyers said prosecutors appeared to want to leave the door open for pretrial procedures such as motions, hearings and trial planning in the coming months.
They rejected that approach, saying the former president has the right to avoid the “burdens of litigation” while his appeal is being considered, including the impact on his ongoing campaign for re-election to the presidency. Blanche and Lauro wrote:
Concerns regarding judicial resources and costs from continued litigation during the pendency of the appeal — including financial, reputational, and political costs to President Trump and this country — are significant.
A spokesman for Smith’s office had no comment Thursday.
