United States – President Donald Trump filed the emergency application with the U.S. Supreme Court on the day after last week’s appeals court rulings which refused his claim of absolute immunity to prosecution in the special counsel Jack Smith’s investigation of the election interference case. Consequently, the court on Tuesday mandated the special counsel to respond within seven days.
Supreme Court’s Directive
On Wednesday, the Supreme Court ordered the special counsel to furnish his response by the next afternoon, that is on February 20.
Once this filing has been submitted, Trump’s lawyers will file a response, which will then allow the court to possibly act upon Trump’s request any time they want.
Trump, who in August pleaded not guilty for his involvement in the “criminal scheme” to overturn the results of the 2020 election, is seeking to get the case dropped on the basis of his “absolute immunity” from prosecution for actions undertaken while serving as the highest office in the nation.
The U.S. Court of Appeals did not accept Trump’s argument of Presidential immunity and paved the way for Trump to go to the Supreme Court.
In his application to the Supreme Court, which was filed on Monday, the president’s attorneys contended that the high court should give leeway to the appellate process playing out and thus delaying a possible trial because of the magnitudes of the issues and the stakes for the forthcoming presidential election.
En Banc Review and Supreme Court Appeal
Trump’s attorneys indicated that the former president plans to have en banc review of the U.S. Court of Appeals, which is handled by the whole bench as opposed to a select panel, and, eventually, review by the Supreme Court at a later date.
“Allowing President Trump to pursue en banc review in the D.C. Circuit will provide an opportunity for similar thoughtful consideration in the lower court before this Court addresses the novel, complex, and momentous issues at stake in this appeal,” his attorneys wrote in the new filing.
Appellate Court’s Stance
In last week’s decision, the appellate court unequivocally swept aside Trump’s claims on immunity and said that affording him such protection “would collapse our system of separated powers by placing the President beyond the reach of all three Branches.”
Initially, the trial of Trump was scheduled to begin on March 4. However, the start date was postponed by U.S. District Judge Tanya Chutkan as she was waiting for his immunity appeal to get sorted out.