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Trump Asks SCOTUS to Stay Issuance of D.C. Circuit Immunity Mandate

Hyemin Han
Monday, February 12, 2024, 4:55 PM
Former President Donald Trump requests that the Court stay the issuance of the D.C. Circuit's mandate on presidential immunity while he files a petition to appeal the decision. 

Published by The Lawfare Institute
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On Feb. 12, former President Donald Trump filed a 110-page application to the U.S. Supreme Court asking it to stay the issuance of the U.S. Court of Appeals for the D.C. Circuit's mandate on presidential immunity, pending a petition for writ of certiorari. The D.C. Circuit's Feb. 6 ruling rejects Trump's claim that presidents have absolute immunity from criminal prosecution for actions undertaken while in office. Trump's team argues for the stay on the basis that the Court is likely to grant certiorari, that there is a significant likelihood that the Court will reverse the D.C. Circuit's decision, and that Trump would suffer irreparable harm absent the stay.

Trump's application is here or below.

Hyemin Han is an associate editor of Lawfare and is based in Washington, D.C. Previously, she worked in eviction defense and has interned on Capitol Hill and with the U.S. Mission to the United Nations. She holds a BA in government from Dartmouth College, where she was editor-in-chief of The Dartmouth independent daily.

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