Donald Trump Legal Brief

Trump legal news brief: Jack Smith has one week to reply to the Supreme Court’s request for a further postponement of the immunity ruling.

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BestLawyerTips News – Government prosecutors working with Jack Smith’s team have until February 20 to reply to Trump’s request to halt the U.S. Court of Appeals ruling that the president’s immunity does not shield him from prosecution regarding his efforts to reverse his election defeat to Joe Biden.

Ahead of Judge Arthur Engoron’s final decision in the $370 million civil fraud trial of Trump, New York Representative Elise Stefanik filed a complaint against Attorney General Letitia James of New York, charging her with “conducting a biased investigation and prosecution” of Trump. Here are the most recent legal issues that the former president—who is running for president again in 2024—is dealing with.

Election meddling on January 6

Important parties: include Judge Tanya Chutkan, the United States Court of Appeals for the District of Columbia, Special Counsel Jack Smith, and the United States Supreme Court:

  • In response to Trump’s plea to put his federal election meddling on hold while his arguments on whether or not presidential immunity shields him from prosecution are pending, the Supreme Court granted Smith’s team one week to reply on Tuesday, according to The Hill.
  • Trump’s attorneys requested on Monday that the court set aside the court of appeals’ decision that the president’s immunity did not protect him from prosecution for his efforts to try to reverse his defeat to Joe Biden in the 2020 election.
  • The three-judge appeals court panel handed down its finding last week in a unanimous vote, but before returning the matter to Chutkan, they allowed Trump one week to file an appeal.
  • In his Supreme Court brief, Trump said that he would ask the whole 11-member appeals court to consider the panel’s ruling. Trump may potentially file an appeal with the Supreme Court, challenging the decision made by the whole appeals court.
  • Although Smith does not have to wait until February 20 to respond to Trump’s request for an additional postponement, the Supreme Court has not demonstrated any urgency in getting the case started on March 4 as originally planned.
  • Smith sought to expedite an appeal of Chutkan’s decision in the electoral inference case, which held that Trump was not immune from prosecution, but the Supreme Court denied his request in December.

Why it matters: Trump has attempted to have the criminal and civil charges against him either completely dropped or postponed until after the 2024 election as part of his legal strategy from the outset. In the event that Trump were to win reelection and the federal criminal proceedings go that way, he would have two options: he could ask for an early pardon or order the Department of Justice to stop pursuing him.

Financial fraud in New York

Rep. Stefanik lodges a grievance against the Attorney General of New York

Important participants: New York Attorney General Letitia James, Representative Elise Stefanik, Judge Arthur Engoron, and the New York Committee on Professional Standards

  • The former president, his adult sons, and his family business will pay fines for years of fraudulent business practices, according to a complaint Stefanik filed against James with the Committee on Professional Standards. The complaint was made just before the judge in Trump’s $370 million civil fraud trial gets ready to make his decision.
  • James has been “conducting a biased investigation and prosecution” against Trump, according to Stefanik’s lawsuit.
  • According to reports, Trump is thinking about having Stefanik as his running partner in 2024.
  • Similar charges against Engoron and U.S. District Judge Beryl Howell, who has presided over many Jan. 6 cases, have also been filed by Stefanik.

Why it matters: Trump may lose hundreds of millions of dollars if Engoron’s verdict against him is upheld, and his firm may not be able to conduct business in New York.

February 12th, Monday

In an attempt to prevent prosecution for suspected crimes committed during his attempt to reverse his loss to Joe Biden in the 2020 election, the attorneys for former President Donald Trump submit a last-ditch plea with the US Supreme Court. Here are the most recent legal events pertaining to the former president who intends to run for president again in 2024.

Election meddling on January 6

Trump appeals the Supreme Court ruling regarding presidential immunity.

Important participants: Judge Tanya Chutkan, the United States Supreme Court, the United States Circuit Court of Appeals for the District of Columbia, and special counsel Jack Smith

  • As anticipated, Trump’s attorneys appealed to the Supreme Court on Monday, requesting that they postpone a lower court’s decision that presidential immunity does not shield him from prosecution by Smith for his efforts to reverse the outcome of his 2020 election defeat to Biden, according to CBS News.
  • “President Trump’s claim that Presidents have absolute immunity from criminal prosecution for their official acts presents a novel, complex, and momentous question that warrants careful consideration on appeal,” the attorneys for Trump argued.
  • Trump’s attorneys stated in their notice of appeal that similar instances would proliferate if the Supreme Court permitted presidents to be punished for crimes.
  • In order for the whole U.S. Circuit Court of Appeals to consider the matter, Trump’s attorneys are requesting that the Supreme Court postpone the decision made by the lower court.
  • In the case involving electoral meddling, Smith has accused Trump of four felonies, including conspiracy to impede Congress and conspiracy to defraud the United States.
  • The Supreme Court represents the last resort for Trump’s legal team in attempting to avert a trial.
  • The Court of Appeals decided last week that Trump’s attempts to rig the election did not fall under the purview of his official responsibilities and that his position as president did not shield him from Smith’s prosecution.
  • Trump has until Monday, February 12, to file an appeal with the Supreme Court, according to the appeals court.

Why it matters: The Supreme Court may decide not to consider Trump’s request for a delay in the case in light of the carefully worded ruling made by the three-judge Court of Appeals bench. Should the case be accepted by the top court, it may ultimately save him from prosecution entirely or postpone the trial until after the 2024 election.

Article already published at Yahoo News

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