Former President 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.
In the filing, Trump says the D.C. Circuit Court of Appeals’ ruling last week that he is not entitled to immunity is “a stunning breach of precedent and historical norms.”
Trump wants the Supreme Court to issue a “stay” of the appeals court’s ruling — an action that would keep the proceedings in the trial court frozen. Those proceedings have been delayed for two months while Trump has litigated the immunity issue, and the originally scheduled trial date of March 4 has already been postponed.
If the justices quickly deny Trump’s stay request, the case would be sent back to the trial court, and the former president could stand trial on the election-focused federal charges as early as this spring.
If, on the other hand, the justices grant a stay, it would likely lead to months of delay for any trial in the case, almost guaranteeing a conflict with the Republican National Convention in July or the height of the presidential general election season in the late summer or fall.
It takes the support of five justices to grant a stay.
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