Legal AF by MeidasTouch Trump Makes APPLICATION to Supreme Court on IMMUNITY APPEAL
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Feb 12, 2024 Ben Meiselas dives into Donald Trump's recent Supreme Court stay application regarding the denial of absolute presidential immunity. He breaks down the three-pronged test the Court applies to such requests and discusses Trump's strategy to delay proceedings. The podcast examines Trump's bold claims about the historical significance of presidential immunity. Highlighted are Trump's three key arguments for the stay, with a focus on the potential for reversal and the implications of this ongoing legal saga.
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Trump Seeks Supreme Court Stay
- Donald Trump filed an application to the U.S. Supreme Court seeking a stay of the D.C. Circuit's mandate on absolute presidential immunity.
- The stay would pause district-court proceedings until the Supreme Court decides whether to hear the immunity claim on certiorari.
Three-Part Stay Test Explained
- The Supreme Court uses a three-part balancing test to decide stays: likelihood of certiorari, likelihood of reversal, and irreparable harm.
- All three factors must weigh in the applicant's favor for a stay to be granted in this context.
En Banc Move Won't Automatically Stay Mandate
- Trump's filing hints at seeking en banc D.C. Circuit review as an additional delay tactic, though the panel said en banc review won't stay the mandate.
- The D.C. Circuit panel warned only a Supreme Court filing would suspend the mandate.