In response to the Supreme Court’s decision on presidential immunity, Judge Aileen Cannon approved Trump’s request to temporarily suspend certain pre-trial deadlines in Jack Smith’s case involving classified documents.
The court ruled 6-3 that Trump has absolute immunity for his fundamental Constitutional powers.
The high court also established that former presidents are presumed to have immunity for their official actions, but not for unofficial ones.
On Friday, Trump’s legal team requested Judge Cannon to temporarily halt the classified documents case and review two motions to dismiss in light of the Supreme Court’s ruling on presidential immunity.
“Trump’s lawyers asked U.S. District Judge Aileen Cannon to pause all the proceedings in the documents case — other than a pending ruling regarding the special counsel’s request for a gag order — so that she can determine whether Trump’s alleged conduct in the case is “official or unofficial.”” – ABC News reported.
Trump’s attorneys argued the Supreme Court’s ruling “guts the [special counsel’s] position that President Trump has ‘no immunity’ and further demonstrates the politically-motivated nature of their contention that the motion is ‘frivolous.’”
President Trump’s legal team has requested Judge Cannon to reconsider the motion to dismiss, citing Justice Clarence Thomas’s concurring opinion questioning the legality of Jack Smith’s appointment as special counsel.
Justice Thomas raised concerns about Smith’s authority due to his status as a private citizen at the time of his appointment and his lack of Senate confirmation.
This argument is being utilized by Trump’s lawyers in their case before Judge Cannon.
“Regarding the Appointments Clause, including the principal-officer issue, Justice Thomas reasoned in his concurrence: If this unprecedented prosecution is to proceed, it must be conducted by someone duly authorized to do so by the American people. The lower courts should thus answer these essential questions concerning the Special Counsel’s appointment before proceeding,” Trump’s attorneys wrote, according to the motion.
Based on information leaked to The Washington Post, it is reported that Special Counsel Jack Smith intends to file motions and potentially proceed with a trial after Election Day if Trump emerges victorious, racing against the clock before Inauguration Day.
As the Justice Department is unable to indict a sitting president, there is an apparent urgency to “get Trump” before his swearing-in on January 20, 2025.
“Remarkably, on the day after President Biden’s remarks and not long after President Trump’s overwhelming debate victory, “people familiar with” DOJ’s “internal deliberations” fully embraced their role in this abomination by telling the media that Jack Smith and DOJ plan to “pursue the criminal cases against Donald Trump past Election Day even if he wins . . . .” Ex. B (Washington Post article). The decision to perpetrate these leaks as part of the response to President Biden’s crushing debate defeat resolves any doubt that Smith and the Special Counsel’s Office prioritize politics over justice. Smith’s indirect notification to the media and his allies that he has no qualms about prosecuting President Trump, even as President-elect after more than 100 million Americans cast their votes, is in blatant violation of DOJ policy and practice,” Trump’s attorneys wrote.
Judge Cannon has approved a temporary halt on two deadlines: the July 8 deadline for expert disclosures and the July 10 deadline concerning CIPA litigation.
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