Historical Society of the D.C. Circuit
The Washington D.C. judge overseeing former President Donald Trump's federal election interference case says it can't proceed in her court until the looming question of presidential immunity is answered, court records show.
Judge Tanya Chutkan filed Wednesday an opinion and order stating she no longer has jurisdiction over the case brought by special counsel Jack Smith after he petitioned the U.S. Supreme Court to consider Trump's immunity arguments, according to federal court records.
"A former President’s absolute immunity would constitute 'an entitlement not to stand trial or face the other burdens of litigation,' such as discovery obligations," Chutkan writes.
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"Consequently, the court agrees with both parties that Defendant’s appeal automatically stays any further proceedings that would move this case towards trial or impose additional burdens of litigation on Defendant."
The special counsel's office filed the motions Monday seeking to fast-track a hearing of Trump's appeal, which challenged an earlier ruling against his presidential immunity claims.
Smith's team opted to skip the appellate court entirely to ensure a decision comes in time for Trump to stand trial early next year in the election subversion case.
Trump has pleaded not guilty.
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