Former President Donald Trump’s legal team has taken a bold step in the federal election subversion case, filing a motion for an “automatic stay” on court proceedings amid the ongoing legal battle against charges related to the January 6, 2021, U.S. Capitol riot.
In a turn of events reported by Newsweek on Thursday, December 7, Trump’s defense strategy escalates, challenging recent rulings by Judge Tanya Chutkan. In August, the Justice Department indicted Trump on four counts, including conspiracy to obstruct an official proceeding, as part of Special Counsel Jack Smith’s investigation into the Capitol riot.
Despite entering a plea of not guilty to all charges, Trump has encountered resistance from Judge Chutkan, who has rejected claims of presidential immunity and double jeopardy as means to avoid prosecution.
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*Chutkan’s Verdict: No Divine Right of Kings for Trump*
Last Friday, Judge Chutkan unequivocally dismissed Trump’s assertions of immunity based on his service as Commander in Chief. She stated, “Defendant’s four-year service as Commander in Chief did not bestow on him the divine right of kings to evade the criminal accountability that governs his fellow citizens.”
Furthermore, Chutkan rebuffed Trump’s argument that his Senate acquittal following impeachment shields him from criminal prosecution post-presidency. She clarified, “The Impeachment Judgment Clause does not provide that acquittal by the Senate during impeachment proceedings shields a President from criminal prosecution after he leaves office.”
*Trump’s Countermove: “Automatic Stay” Motion Filed*
Responding to these setbacks, Trump’s legal team swiftly filed an “automatic stay” motion on Thursday. This tactical move aims to halt all district court proceedings until the final resolution of the appeals process.
The motion explicitly states that, unless Judge Chutkan directs otherwise, Trump’s legal team will disregard upcoming deadlines related to pretrial motions, defense disclosures, CIPA hearings, and jury selection.
*Legal Experts Weigh In*
Legal experts, including former U.S. attorney Joyce Vance, have commented on Trump’s move. Vance remarked on social media, “Trump has moved to stop any further proceedings in his DC prosecution while he appeals Judge Chutkan’s rulings against him.” With a touch of humor, she added, “My favorite bit is where his lawyers say they’ll assume everything is stayed unless they hear back to the contrary. Oh to be the judge who gets to respond!”
*Uncertain Timeline and Broader Implications*
The legal maneuvering raises questions about the potential impact on the trial timeline and the broader implications for the accountability of former presidents. The motion underscores Trump’s insistence that the appeal process should take precedence before any further legal proceedings.
As the legal drama unfolds, the public awaits Judge Chutkan’s response to Trump’s “automatic stay” motion. The outcome is poised to shape the trajectory of this high-profile case, determining whether Trump’s legal strategy proves successful in pausing the trial proceedings until the appeals process concludes.
