Following the Supreme Court’s ruling on presidential immunity, Judge Erin Cannon granted Trump’s motion to suspend part of the pretrial deadline in the Jack Smith classified documents case.
The Supreme Court ruled 6-3 on Monday that Trump has absolute immunity from his core constitutional powers.
The high court ruled that the former president was entitled to at least immunity for his official actions.
The Supreme Court ruled that there was no immunity for unofficial acts.
Trump’s lawyers asked Judge Cannon on Friday to put the classified documents case on hold and reconsider two motions that were denied after the Supreme Court’s decision on presidential immunity.
“Trump’s lawyers asked U.S. District Judge Erin Cannon to halt all proceedings in the documents case – except for a pending ruling on the special counsel’s request for a gag order – so she can determine Trump’s role in the case Whether the alleged conduct was “official or unofficial.” – ABC News.
Trump’s lawyers argued that the Supreme Court’s decision “amply demonstrates [special counsel’s] President Trump’s ‘no immunity’ stance further signaled that their view that the motion was ‘frivolous’ was politically motivated.
President Trump’s lawyers cited a concurring opinion by Judge Clarence Thomas asking Cannon to reconsider a motion to dismiss based on the argument that Jack Smith was illegally appointed.
Recall that Supreme Court Justice Clarence Thomas questioned Jack Smith’s authority as special prosecutor in a concurring opinion in the high court’s presidential immunity ruling.
Clarence Thomas questions Jack Smith’s authority because he was a private citizen when he was appointed special prosecutor.
Judge Thomas also argued that Jack Smith was not confirmed by the Senate (an argument Trump’s lawyers also used before Judge Cannon).
“Regarding the appointment clause, including the principal officer issue, Judge Thomas reasoned in his concurrence: If this unprecedented prosecution is to proceed, it must be by someone duly authorized by the people of the United States. Therefore, the lower court should answer the question before proceeding. These are fundamental questions regarding the appointment of the special counsel,” Trump’s attorneys wrote. portal expert.
President Trump’s lawyers also condemned the special counsel’s leaks to the Washington Post.
According to the Washington Post, if Trump races against time before Inauguration Day, special prosecutor Jack Smith will continue to file motions and may hold a trial after Election Day.
The Justice Department cannot charge a sitting president, so they hope to “catch” Trump before he is sworn in on January 20, 2025.
Gateway Pundit was the first to report the leak to WaPo.
“It’s worth noting that the day after President Biden’s speech and shortly after President Trump’s landslide victory in the debate, “people familiar with” the Justice Department’s “internal deliberations” fully accepted their role in the debate. Jack Smith and the Justice Department plan to “track” criminal cases against Donald Trump after Election Day even if he wins, they told the outlet. . . ”. predecessor. B (Washington Post article). The decision to go ahead with these leaks as part of a response to President Biden’s humiliating debate defeat dispels any doubts that Smith and the special counsel’s office are putting politics over justice. Smith indirectly informed the media and his allies that he would not hesitate to sue President Trump even after more than 100 million Americans voted to become President-elect, in flagrant violation of Department of Justice policy and practice,” Trump’s attorney wrote.
Judge Cannon granted the stay on two deadlines – the July 8 deadline for expert disclosures and the July 10 deadline related to CIPA proceedings.
