特朗普要求最高法院干预豁免上诉
Trump Asks Supreme Court To Intervene In Immunity Appeal

原始链接: https://www.zerohedge.com/political/trump-asks-supreme-court-intervene-immunity-appeal

2024 年 2 月 12 日,前总统唐纳德·J·特朗普 (Donald J. Trump) 提交请愿书,要求暂时停止执行联邦巡回法院关于他因在总统任期内采取的行动而免受刑事指控的豁免权的裁决。 具体来说,该裁决允许特别检察官杰克·史密斯以干涉选举的指控起诉特朗普。 尽管美国最高法院于 2023 年 12 月对这一裁决提出质疑,但当时拒绝审理此事。 下级法院法官以特朗普主张总统豁免权为由,取消了原定的 3 月 4 日审判日期。 这里的问题是确定总统是否应该因履行公务而保持完全免受起诉的豁免权,特别是考虑到除了担任椭圆形办公室之外,豁免权的影响范围有多大。 2024 年 2 月 6 日,同一联邦巡回法院裁定这些问题的答案是否定的,并指出一旦卸任,前官员将受到适用于普通公民的相同规则的约束。 最终,现在发生的事情并不罕见——历史上有几个涉及正义与权力冲突的著名案例——但当前的局势可能成为一个分水岭时刻,其影响远远超出了美国的边界。 这归结为一个关键问题:一个国家的领导人是否应该凌驾于法律之上? 如果是这样,谁来决定? 因为毫无疑问——无论接下来发生什么,它都不会悄无声息地到来。 各位,请继续关注; 我们生活在有趣的时代!

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原文

Former President Donald Trump asked the Supreme Court on Monday to step in and weigh in on his claim of presidential immunity after the DC Circuit Court of Appeals sided with special counsel Jack Smith - ruling that Trump is not immune from prosecution. The lower court held off on issuing the mandate until Monday in order to allow Trump's legal team time to approach the Supreme Court.

Trump is specifically asking the Supreme Court to pause the lower court's ruling until he can formally appeal, which will further delay his trial in front of District Court Judge Tanya Chutkan.

The trial was originally scheduled for March 4, however Chutkan vacated the date in early February amid Trump's immunity defense, and noted that the court would "set a new schedule if and when the mandate is returned." Chutkan's decision also denied Trump's bid to toss the case in December based on the immunity claim.

Smith sought to keep the trial on schedule in December by asking the Supreme Court to take up the question before the appeals court had a chance to consider it, but the justices rejected his request.

“President Trump’s claim that Presidents have absolute immunity from criminal prosecution for their official acts presents a novel, complex, and momentous question that warrants careful consideration on appeal,” the application states. “The panel opinion below, like the district court, concludes that Presidential immunity from prosecution for official acts does not exist at all. This is a stunning breach of precedent and historical norms.” -Daily Caller

In January, Trump's legal team presented oral arguments to the DC Circuit Court of Appeals, which Trump attended. The Judge, Biden appointee Florence Pan, questioned whether presidential immunity extended to such examples as a president ordering SEAL Team Six to assassinate a political rival without facing criminal charges.

"For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant. But any executive immunity that may have protected him while he served as President no longer protects him against this prosecution," the panel wrote in its Feb. 6 ruling. "Former President Trump lacked any lawful discretionary authority to defy federal criminal law and he is answerable in court for his conduct."

In short, to be continued...

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