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Trump takes immunity challenge to US Supreme Court Trump takes immunity challenge to Supreme Court
(32 minutes later)
Ex-US President Donald Trump has asked the Supreme Court to suspend a lower court ruling that he does not have presidential immunity from prosecution.Ex-US President Donald Trump has asked the Supreme Court to suspend a lower court ruling that he does not have presidential immunity from prosecution.
Mr Trump had claimed in his election interference case that he could not be tried for acts that he said fell within his duties as president. He had claimed in his election interference case he could not be tried for acts carried out as president.
Three lower court judges disagreed, ruling that he can be prosecuted like any other citizen.Three lower court judges disagreed, ruling that he can be prosecuted like any other citizen.
Anticipating an appeal, they gave him until Monday to file for a stay. But Trump's lawyers said he should not be tried during an election campaign.
In his filing on Monday, Mr Trump has requested America's highest court to stay the ruling of the lower DC Circuit court while he pursues an appeal. He also indicated that he may request an en banc hearing - requesting a stay so that he could also ask all of the judges on circuit court to rehear the case. "Conducting a months-long criminal trial of President Trump at the height of election season will radically disrupt President Trump's ability to campaign against President Biden," Trump's attorneys wrote in the filing.
The next step, where the conservative-leaning Supreme Court grants or denies Mr Trump's request for a stay, could come quickly. The Supreme Court will now decide if it will put the ruling on hold to allow Mr Trump to appeal.
The Supreme Court granting the request will lead to a long delay in the landmark criminal case alleging that Mr Trump plotted to illegally overturn the 2020 election, possibly pushing a resolution until after the November election. The nation's top court granting the request would lead to a long delay in the landmark criminal case alleging that Mr Trump plotted to illegally overturn the 2020 election, possibly until after the November election.
The three-judge panel from the DC Circuit court, made up of one Republican appointee and two Democratic ones, had said that "any executive immunity that may have protected him while he served as president no longer protects him against this prosecution". However, if the Supreme Court declines to put the ruling on pause, the federal trial overseen by Judge Tanya Chutkan will be scheduled for spring.
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