The judge overseeing the federal case accusing Donald Trump of interfering in the 2020 election has ordered that it be temporarily put on hold.
Judge Tanya Chutkan says the pause will allow higher courts to consider an appeal by the former president claiming he is immune from the charges. She added that the limited gag order against Mr Trump remains in effect.
The 4 March trial date in the case remains in place for now but may need to be moved. Mr Trump, 77, is scheduled that month to stand trial on federal charges relating to an alleged plot to overturn the 2020 election results.
Lawyers for Mr Trump – the Republican frontrunner in the 2024 election – have argued that former presidents cannot face criminal charges for conduct related to their official responsibilities.
That argument was rejected by a lower court judge earlier this month. Mr Trump appealed, forcing Ms Chutkan on Wednesday to halt further proceedings as the US Court of Appeals for the District of Columbia Circuit considers whether he has immunity.
On Monday, Jack Smith, the special counsel overseeing two criminal investigations into Mr Trump, also asked the US Supreme Court for a rapid ruling on the same question.
The top court has agreed to consider his request.
Mr Smith additionally asked the DC Circuit to expedite its own consideration of Mr Trump's appeal, and it agreed. In a filing on Wednesday urging the DC Circuit to disregard Mr Smith's fast-track request, lawyers for Mr Trump compared the special counsel to Dr Seuss' Christmas-hating Grinch.
“This proposed schedule would require attorneys and support staff to work round-the-clock through the holidays, inevitably disrupting family and travel plans,” they argued.
“It is as if the Special Counsel ‘growled, with his Grinch fingers nervously drumming, ‘I must find some way to keep Christmas from coming. … But how?'”
In an indictment filed in August by Mr Smith, Mr Trump was charged with four crimes, including conspiracy to defraud the United States and obstructing an official proceeding. That case is one of four indictments against Mr Trump and is the one that has so far proceeded most quickly.
In her order on Wednesday, Judge Chutkan said that if Mr Trump loses his appeal, she will consider “whether to retain or continue the dates of any still-future deadlines and proceedings, including the trial scheduled for March 4”.
His lawyers have repeatedly tried to push back the trial date, arguing that holding it before the November 2024 election will “disenfranchise” American voters. The former president has denied any wrongdoing and says the cases against him are politically motivated attempts to hamper his second run for the presidency.
If Mr Trump wins back the White House, he would likely be able to pardon himself in the two cases brought by the special counsel and could force two state criminal cases against him to be put on hold. The second case brought by Mr Smith against Mr Trump accuses him of mishandling classified material after he left office.
Separately on Wednesday, the Supreme Court agreed to review another case that could have an impact on the one being overseen by Judge Chutkan.
The top court will hear a case on whether prosecutors were correct to bring charges of obstructing an official proceeding against Trump supporters who stormed the Capitol on 6 January 2021.
— CutC by bbc.com
