OPINION | This article contains the author's opinion.
A federal judge, Tanya S. Chutkan, has decided to pause former President Trump’s January 6 case as he appeals a ruling to dismiss the case.
Trump has claimed “presidential immunity” for his actions on January 6, and the judge’s decision is seen as a win for Trump’s appeal.
The stay will remain in effect while Trump continues to appeal his assertion of presidential immunity. (Trending: Joe Biden Impeachment Formalized As Republicans Unite)
“Judge Chutkan has granted President Trump’s motion to stay proceedings pending the resolution of the appeal on President Trump’s immunity for doing his job as president and protecting our elections from fraud and abuse,” the Trump campaign stated.
“This is a big win for President Trump and our rule of law, as it derails Deranged Jack Smith’s rush to judgment strategy of interfering in the 2024 Presidential Election in support of Joe Biden’s campaign.”
“They waited almost three years to bring this hoax ‘case’ and are now desperately trying, and failing, to rush it because they know President Trump is dominating the election.”
The decision comes as the Supreme Court takes up a case that could impact the prosecution against Trump.
The stay is to “remain in effect while President Trump continues to appeal his assertion of presidential immunity, which should result in the complete dismissal of this witch hunt in its entirety,” the statement read.
“Today was a bad day for Jack Smith, and a good day for the rule of law,” former U.S. Ambassador Ken Blackwell stated.
The appeals process could delay the trial, which had been scheduled for March 4, 2024.
There are differing opinions on whether a former president has immunity, with Trump’s attorneys arguing that the prosecution criminalizes political speech.
“If jurisdiction is returned to this court, it will — consistent with its duty to ensure both a speedy trial and fairness for all parties — consider at that time whether to retain or continue the dates of any still-future deadlines and proceedings, including the trial scheduled for March 4, 2024,” Chutkan wrote.
“Whatever immunities a sitting President may enjoy, the United States has only one Chief Executive at a time, and that position does not confer a lifelong ‘get-out-of-jail-free’ pass, Former Presidents enjoy no special conditions on their federal criminal liability,” she said at an earlier date.
“The fact that the indictment alleges that the speech at issue was supposedly, according to the prosecution, ‘false’ makes no difference,” Trump’s lawyers wrote.
“Under the First Amendment, each individual American participating in a free marketplace of ideas — not the federal Government — decides for him or herself what is true and false on great disputed social and political questions.”
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