Lawyers telegraph Supreme Court request

By Victor Winston, updated on October 7, 2023

Trump and his lawyers are making a determined effort, hoping for a Supreme Court review.

In a recent development, former President Donald Trump's legal team has approached a federal court, seeking the dismissal of the 2020 election interference case against him.

This move is seen by many as a clear indication of their aspirations for the case to be reviewed by the Supreme Court.

Details of the court filing

The filing was submitted to United States District Judge Tanya Chutkan by Trump's counsel. Judge Chutkan has previously made remarks about Trump, stating that "presidents are not kings".

She has also been known for giving some of the strictest sentences to the Jan. 6 Capitol riot defendants, Washington Examiner reported.

The charges against Trump were presented by special counsel Jack Smith. The former president is currently facing four federal felonies, accusing him of obstructing the 2020 presidential election. He has denied all these charges, pleading not guilty.

The motion to dismiss the case is filled with references to past Supreme Court decisions. It also points out certain gaps in case law that no court has previously ruled on. Trump's lawyers argue that he should be immune from prosecution for actions taken in his official capacity as president.

Legal experts weigh in

Several constitutional law experts have shared their views on this motion. They believe that the motion seems to be specifically crafted to appeal to the Supreme Court.

However, they also expressed skepticism about the Supreme Court taking up this motion, especially since most criminal appeals by a defendant are post-conviction and not pretrial.

Andrew Lieb of Lieb at Law shared his thoughts, saying that the motion might not succeed unless Trump can prove that he was acting within the scope of his official duties. This, according to Lieb, seems unlikely.

Jonathan Adler, a professor at Case Western Reserve University School of Law, also expressed doubts about Trump's chances at the Supreme Court. He questioned the premise that Trump is being prosecuted for an 'official act'.

Other legal challenges for Trump

It's worth noting that this isn't the only legal challenge Trump is currently facing. He has also been trying to dismiss charges related to hush money in New York.

Additionally, there's another case in Florida where he's accused of mishandling classified materials after his presidency.

If Trump's efforts to dismiss these charges fail, his lawyers have made another move. They've filed a motion for a time extension on pretrial motions in Judge Chutkan's court. This is seen as another attempt to delay his trial.

Trump's lawyers have emphasized the uniqueness of this case. They've stated that many of the motions address areas of the law that have never been litigated before. As such, they need more time to research and present their arguments effectively.

Upcoming court hearing

There's an upcoming hearing scheduled for Oct. 16 in Judge Chutkan's court.

This hearing will address a request by Smith to impose a limited gag order on Trump.

The aim is to limit Trump's comments about the prosecutors and potential witnesses involved in the case.

Conclusion

  • Trump's lawyers have filed a motion to dismiss the 2020 election interference case.
  • The motion is filled with references to past Supreme Court decisions.
  • Legal experts are skeptical about the Supreme Court taking up this motion.
  • Trump faces other legal challenges in New York and Florida.
  • An upcoming hearing is scheduled for Oct. 16 regarding a limited gag order on Trump.

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About Victor Winston

Victor is a freelance writer and researcher who focuses on national politics, geopolitics, and economics.

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