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Joe Biden has been dealt a serious blow as the appeals court in Washington D.C. has set a date to hear Donald Trump’s claim that he is constitutionally immune from criminal charges from January 6th.
This dispute over Trump’s immunity could delay the trial beyond Election Day, meaning that Trump may never face a jury for Jack Smith’s charges of “election subversion”.
This could work to Biden’s detriment by forcing him to compete with Trump on his own merits.
A panel will hear the appeal of three judges, which includes Judge Karen Henderson, an appointee of George H.W. Bush; J. Michelle Childs and Florence Pan, both appointed by President Biden.
Despite the odds being against him, Trump’s appeal is seen as an attempt to delay Smith’s prosecution – which he has labeled as an effort to assist Biden’s re-election.
The Supreme Court was asked to bypass this case in the D.C. Circuit; however, Judge Henderson has expressed her desire for a decision from the Supreme Court first before proceeding with the hearing on January 9th.
At the center of this dispute is Trump’s claim that his attempts to interfere with the 2020 election were within his scope of official duty and should be granted immunity from prosecution.
This assertion was dismissed by District court judge Tanya Chutkan who referred to it as “the divine right of kings” approach to lawmaking.
Trump’s team submitted a brief to the Supreme Court on Wednesday, contending that Smith’s proposed timeline should not be accepted.
Smith has alluded to the “public interest” in rapid resolution of the matter, but Trump’s team argued that this conflates Biden’s partisan desire to defeat Trump with what is truly in the public interest.
Furthermore, they insisted that due to its historic and complexity, this case demands careful deliberation rather than hasty action.
“Importance does not automatically necessitate speed. If anything, the opposite is usually true,” Trump’s team wrote.
The Supreme Court has independently taken up the appeal of a January 6th protester charged with similar offenses as those attributed to President Trump, which may further complicate the prosecution’s attempts to bring forth a case before the election.
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