Posted originally on the CTH on February 12, 2024 | Sundance

As expected, the lawyers representing Donald Trump have asked the Supreme Court to intervene in the DC appellate court decision on presidential immunity.  [SEE pdf Here]

At the heart of the matter is really the intersection of politics and a weaponized judiciary. If presidents do not have absolute immunity while in office, then their political opposition can just threaten to file charges against them once their term expires.  The obvious problems are easy to see.

WASHINGTON DC – Donald Trump asked the Supreme Court on Monday to block a lower court’s ruling that he is not immune from criminal charges stemming from his bid to subvert the 2020 election.

The 39-page motion puts the fate of his criminal case in Washington, D.C. squarely in the hands of the nine justices, three of whom he nominated.

[…] Trump’s new filing at the Supreme Court also asks for a step that could produce additional delay. He requests that the justices grant a stay and hold off on further action on the immunity issue until the D.C. Circuit decides whether to reconsider the immunity claim in front of that court’s full 11-judge bench. Such “en banc” rehearings are rare, but formal action on Trump’s request for one could take weeks, particularly if any members of the appeals court wish to file an opinion or opinions disagreeing with their colleagues.

“Allowing President Trump to pursue en banc review in the D.C. Circuit will provide an opportunity for … thoughtful consideration in the lower court before this Court addresses the novel, complex, and momentous issues at stake in this appeal,” Trump’s attorneys wrote. (Read more)