Trump asks the Supreme Court to review the decision on his presidential immunity in the Capitol riot case


The former President of the United States, Donald Trump, asked the Supreme Court on Monday to review a lower court decision that determined the former president had no presidential immunity and should be tried for attempting to overturn the results of the 2020 elections, inciting the Capitol riot.

Trump had until this Monday to challenge the decision of the District of Columbia appeals court, which on February 6 argued that, upon leaving the White House, he became an ordinary citizen, and therefore was no longer protected by the immunity he had while in office.

Now the case is in the hands of the Supreme Court, whose decisions could determine whether the former president will stand trial in Washington before the November elections.

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In the petition, his lawyers asked the Supreme Court justices to take their time in examining the issue of Trump's immunity.

"The assertion (...) that presidents have absolute immunity from criminal proceedings for their official acts presents a novel, complex, and transcendent question that deserves careful consideration on appeal," the request said.

Trump's legal team has sought to delay any legal proceedings against him, as a potential victory for Trump in the elections over the current president, Joe Biden, would make him the head of the Executive and grant him the authority to instruct his attorney general to dismiss federal charges against him.

Trump's strategy has already worked, and it has kept the legal process against him for electoral interference, presided over by District of Columbia Judge Tanya Chutkan, paralyzed since December.

Although the start of that trial was initially scheduled for March 4, that date has been suspended without a new one being set.

Against Trump's efforts, the special prosecutor in charge of the case, Jack Smith, is doing everything possible to ensure the trial takes place this year.

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Supreme Court justices, where conservatives hold a majority, already rejected a request from Smith to intervene in the immunity dispute in December.

Now, in response to Trump's request, the judges have several options: directly refuse to consider the case, temporarily halt the legal process against the former president while they debate the issue of presidential immunity, and also hold a hearing to listen to the arguments of the parties.

There is no deadline for the Supreme Court justices to make a decision, although they are likely to seek Smith's opinion before doing so.

Of the nine justices on the Court, three were appointed by Trump.

The Washington case is one of the four criminal charges Trump faces. If the Washington trial is delayed, the first to take place could be the one in New York for alleged irregular payments to the porn actress Stormy Daniels, currently scheduled for March 25.

Additionally, the trial in Florida, where Trump is accused of illegally storing classified material in his Mar-a-Lago mansion, is scheduled for May 20.

Finally, there is the case in which the Fulton County, Georgia, prosecutor's office accuses Trump of trying to subvert the 2020 election results in that state. A date has not been set for that trial yet.