Donald Trump opposes the special counsel’s request for the Supreme Court to decide right now whether he has any immunity from federal prosecution for alleged crimes he committed while in office, lawyers for the former president told the justices in court papers Wednesday.
Special counsel Jack Smith asked the high court last week to review a lower-court ruling that Trump, as a former president, is not immune from the election subversion criminal case. Smith in his appeal to the justices asked them to take the rare step of reviewing the issue before a federal appeals court in Washington, DC, weighs in.
But Trump, whose legal strategy in the case so far has largely revolved around attempts to delay the proceedings, told the justices that Smith should not be able to leapfrog over the US Court of Appeals for the DC Circuit to resolve the critical issue.
Smith in his appeal to the justices asked them to take the rare step of reviewing the issue before a federal appeals court in Washington, DC, weighs in.
There is nothing rare about the request. It’s called “cert before judgement” and the DoJ used it 10 times in the four years that Trump was president.
It’s most commonly used in a situation like this where the appeal is interlocutory meaning the appeal stops the trial cold while it’s resolved.
“Do the thing I specifically hired you to do!”
I think the conservative justices will be happy to see his demise and the rise of his more competent successor. I doubt he can count on them for any favors.
Delay, delay, delay.
He knows his ass is toast.
I don’t even think he’s doing this because his ass is toast. He’s doing it because he thinks he’s going to win the election, and if/when he does he’ll just pardon himself. Then the point is moot.
Honestly, if America is a place where someone can commit treason countless times, get elected, and absolve himself of that treason, I really don’t want to be here anymore.
Well, you will be, so…then what?
I mean, that’s a valid assumption. But I have options.
And don’t forget he literally ran his campaign on “I think my opponent should be locked up but is escaping justice because rich politicians don’t live by the same rules you and me do”.
This is the best summary I could come up with:
Donald Trump opposes the special counsel’s request for the Supreme Court to decide right now whether he has any immunity from federal prosecution for alleged crimes he committed while in office, lawyers for the former president told the justices in court papers Wednesday.
Special counsel Jack Smith asked the high court last week to review a lower-court ruling that Trump, as a former president, is not immune from the election subversion criminal case.
But Trump, whose legal strategy in the case so far has largely revolved around attempts to delay the proceedings, told the justices that Smith should not be able to leapfrog over the US Court of Appeals for the DC Circuit to resolve the critical issue.
“The Special Counsel urges this Court to bypass those ordinary procedures, including the longstanding preference for prior consideration by at least one court of appeals, and rush to decide the issues with reckless abandon.
The Court should decline that invitation at this time, for several reasons,” attorneys for Trump wrote.
Even if they decline to hear it before the DC Circuit weighs in, it’s likely that the case will come before them again soon, as the appeals court has said it will expedite its review of the matter.
The original article contains 249 words, the summary contains 198 words. Saved 20%. I’m a bot and I’m open source!
The right to a speedy trial is the right of the defense and the prosecution. I hope they reject Trump’s motion.
Do you have anything supporting your claim that the prosecution has a right to a speedy trial?
Yes I do… Down votes!
I heard it from actively practicing lawyers on the Legal AF podcast, and I don’t know which episode. I don’t have a written source to give you.
I really appreciate this exchange. Someone casually makes a claim, someone else requests sources, and the original poster took the time to respond and detail where they heard the info. Great job on all of you. Now I’ll try to add to the conversation.
IANAL but it looks like it’s a defendant’s right. It’s origins seem to be about protecting a defendant from a never-ending or egregiously drawn out prosecution. I think it’s fair to say that it gives both sides tools in this case. It seems pretty obvious to me that the defendant here (orange man) wants to delay and would maybe even decline his right to a speedy trial if offered the choice. Meanwhile the prosecution can press the judges to keep things moving by pointing out that they (the prosecutors and judges) are legally obligated to give the defendant a speedy trial.
and sources:
https://www.justia.com/criminal/procedure/right-to-a-speedy-trial/
https://constitution.congress.gov/browse/essay/amdt6-2-1/ALDE_00012979/
https://www.armfor.uscourts.gov/digest/VB4.htmI appreciate the positive response, but I have to strongly disagree and point out how this is a thing that is so bothersome with lemmy (and reddit as well).
As you said, someone just casually made a claim. If one has anything more than the most basic education about the COTUs, they would know it was intended to put restrictions on the federal government, not restrictions on individuals. So the argument that this was also supposed to restrict the individual doesn’t even remotely pass the sniff test.
They were unanimously upvoted. At this point, it’s still unanimous. All because it’s what people want to be true in this case. Including myself.
A poster asked them to cite the claim that doesn’t pass the sniff test. Met with twice as many downvotes as upvotes. A reasonable question, 100% more downvotes than upvotes.
Their response is nothing more than “I heard it somewhere from a source that knows what they are talking about.” Almost literally it’s that vague.
They were unanimously upvoted. Again. For what is effectively nothing. All because it’s what people want to be true.
It was a garbage and (I believe) ignorant claim, which you seem to have figured out, and it was universally accepted. It was a reasonable question, which was punished with downvotes. And their response to the question was absolutely nothing, and it was universally accepted.
This is not how it should work. I would argue it’s the exact opposite of how it should work.
Amendment VI: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
I think it was in that thing the orange ape man continually wipes his ass with…I think it’s called the Constitution?
This is a lose-lose. If this is shot down, it’s just another case presidents being above the law. If this goes through, the republican states will use it against democratic candidates.
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Maybe they shouldn’t, but it’s still a tough situation politically.
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the republican states will use it against democratic candidates.
I don’t see this as a special concern. They’re going to do this no matter what.
This whole “don’t hold republicans accountable because they’ll weaponize the courts” is such a meh argument.
They already weaponize the courts.
But so far, without any evidence of wrongdoing against Democrats they try to do this against, they have had zero success.
While there is actual assloads of evidence against people like Trump (and others).
It’ll spend some time and resources from democrats, but it’ll also put some of the worst republicans in jail.
So what you’re saying is, they’ll be insufferable assholes no matter what we do, and we should see to it that a criminal repays society for his crimes.
If this goes through, the republican states will use it against democratic candidates.
This has nothing to do with the state cases, this is Federal & dealing with the Insurrection.
If a democratic former president incites an Insurrection &/or steals top secret documents & gives them to our enemies I hope they get prosecuted to the fullest extent of the law as well.
Isn’t this assuming the republicans are operating in good faith? They aren’t. They care more about what they can get away with than whether it’s justified. I’m sure republican states could find other reasons to take Biden off of the ballet come the next election. There seem to be a lot more legal grey areas than we were aware of. (For example, before January 6th, who knew that the vice president could potentially steal an election?)
I’m sure republican states could find other reasons to take Biden off of the ballet come the next election.
Treason & Insurrection are literally the only way a US citizen over the age of 35 can be removed from a federal ballot in the USA.
I wouldn’t put it past them to label some Hunter Biden conspiracy theory bs “treason”.
That said, I concede the point that it may not be as easy as I was implying. Or at least I hope its not that easy. Our democracy is looking fragile these days.
I wouldn’t put it past them to label some Hunter Biden conspiracy theory bs “treason”.
This is the exact reason why Treason is defined in the Constitution & has a very, very narrow definition.
(IF) He’s innocent, wats the problem with the 🚬highest🚬 Court in all the land clearing his name once and for all lol?
Why wait? Save the Courts all the meritless appeals
Wasting time that’s why. The longer the delay, the better for him and his campaign of BS lies that people will eat up.
Or more specifically: he’s hoping to run out the clock while simultaneously clinching the GOP nomination and the presidency, at which point he’ll just pardon himself, immediately kicking off a constitutional crisis of pretty fucking epic proportions. And that’s before he kicks off any of the other constitutional crises he’s undoubtedly champing at the bit to kick off as well.
