Donald Trump’s lawyers filed a motion Thursday for an “automatic stay” of trial in the federal election subversion case against the former president until their appeal of Judge Tanya Chutkan’s recent rulings is decided.

Trump was indicted by the Justice Department in August on four counts, including conspiracy to obstruct an official proceeding, as part of special counsel Jack Smith’s investigation into the riots at the U.S. Capitol on January 6, 2021. He pleaded not guilty to all charges.

On January 6, Trump supporters stormed the Capitol, where Congress was certifying the results of Joe Biden’s 2020 election victory. The riot followed baseless claims by the former president that the election was stolen from him through widespread voter fraud.

Chutkan, the judge presiding over the case in Washington, D.C., recently ruled that Trump could not avoid prosecution based on presidential immunity or double jeopardy. Trump’s lawyers have appealed Chutkan’s rulings and on Thursday called for an “automatic stay of all district court proceedings in this case pending final resolution of his recently filed appeal,” the filing said.

Former President Donald Trump speaks outside the courtroom of the New York State Supreme Court on December 7, 2023 in New York City. Trump’s lawyers filed a motion the same day for an “automatic stay” of trial in the federal election subversion case against the former president pending a decision on their appeal of Judge Tanya Chutkan’s recent rulings. Eduardo Munoz Alvarez Pool/Getty Images

The motion states that unless Chutkan directs otherwise, Trump’s team will ignore any upcoming deadline regarding “pretrial motions, defense disclosures related to trial defense and evidence, CIPA hearings and jury selection,” the motion says.

“All current deadlines must be put on hold until at least this application is resolved,” the motion states. “President Trump will proceed based on that understanding and the authority set forth herein, absent further order from the Court.”

Newsweek contacted Trump’s lawyers about the case via email for comment.

Joyce Vance, a former U.S. attorney who served in the Obama administration, weighed in on Trump’s request for an “automatic stay” on Thursday.

“Trump has requested that all further proceedings in his DC prosecution be halted while he appeals Judge Chutkan’s rulings,” Vance wrote on X, formerly Twitter. “My favorite part is that his lawyers say they expect everything to be put on hold unless they hear otherwise. Oh, to be the judge who gets to answer!”

Last Friday, Chutkan ruled that Trump did not have presidential immunity, which protects him from criminal prosecution. Chutkan wrote in the statement: “The defendant’s four years of service as commander-in-chief did not confer on him the divine right of kings to escape the criminal responsibility of his fellow citizens.”

Chutkan also rejected Trump’s claim that he could not be tried in the case because he was impeached by the House and acquitted by the Senate for his alleged involvement in the Capitol riot. Chutkan wrote: “The Impeachment Clause does not provide that an acquittal by the Senate during an impeachment trial will protect a president from criminal prosecution after he leaves office.”

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Newsweek strives to challenge conventional wisdom and find connections in the search for common ground.

Newsweek strives to challenge conventional wisdom and find connections in the search for common ground.

Source : www.newsweek.com

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