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  • Jurors in Trump’s hush money trial zero in on testimony of key witnesses as deliberations resume

    Jurors in Trump’s hush money trial zero in on testimony of key witnesses as deliberations resume

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    The jury in Donald Trump’s hush money trial is to resume deliberations Thursday after asking to rehear potentially crucial testimony about the alleged hush money scheme at the heart of the history-making case.The 12-person jury deliberated for about 4 1/2 hours on Wednesday without reaching a verdict.Besides asking to rehear testimony from a tabloid publisher and Trump’s former lawyer and personal fixer, the jury also requested to revisit at least part of the judge’s hourlong instructions that were meant to guide them on the law.It’s unclear how long the deliberations will last. A guilty verdict would deliver a stunning legal reckoning for the presumptive Republican presidential nominee as he seeks to reclaim the White House while an acquittal would represent a major win for Trump and embolden him on the campaign trail. Since verdicts must be unanimous, it’s also possible the case ends in a mistrial if the jury can’t reach a consensus after days of deliberations.Trump struck a pessimistic tone after leaving the courtroom following the reading of jury instructions, repeating his assertions of a “very unfair trial” and saying: “Mother Teresa could not beat those charges, but we’ll see. We’ll see how we do.”He remained inside the courthouse during deliberations, where he posted on his social media network complaints about the trial and quoted legal and political commentators who view the case in his favor. He did not testify in his own defense, a fact the judge told jurors they could not take into account.Trump is charged with 34 counts of falsifying business records at his company in connection with an alleged scheme to hide potentially embarrassing stories about him during his 2016 Republican presidential election campaign.The charge, a felony, arises from reimbursements paid to then-Trump lawyer Michael Cohen after he made a $130,000 hush money payment to adult film actress Stormy Daniels to silence her claims that she and Trump had sex in 2006. Trump is accused of misrepresenting Cohen’s reimbursements as legal expenses to hide that they were tied to a hush money payment.Trump has pleaded not guilty and contends the Cohen payments were for legitimate legal services. He has also denied the alleged extramarital sexual encounter with Daniels.To convict Trump, the jury would have to find unanimously that he created a fraudulent entry in his company’s records, or caused someone else to do so, and that he did so with the intent of committing or concealing another crime.The crime prosecutors say Trump committed or hid is a violation of a New York election law making it illegal for two or more conspirators “to promote or prevent the election of any person to a public office by unlawful means.”While the jury must unanimously agree that something unlawful was done to promote Trump’s election campaign, they don’t have to be unanimous on what that unlawful thing was.The jurors — a diverse cross-section of Manhattan residents and professional backgrounds — often appeared riveted by testimony in the trial, including from Cohen and Daniels. Many took notes and watched intently as witnesses answered questions from Manhattan prosecutors and Trump’s lawyers.Jurors started deliberating after a marathon day of closing arguments in which a prosecutor spoke for more than five hours, underscoring the burden the district attorney’s office faces in needing to establish Trump’s guilt beyond a reasonable doubt.The Trump team need not establish his innocence to avoid a conviction but must instead bank on at least one juror finding that prosecutors have not sufficiently proved their case.In their first burst of communication with the court, jurors asked to rehear testimony from Cohen and former National Enquirer publisher David Pecker about an August 2015 meeting with Trump at Trump Tower where the tabloid boss agreed to be the “eyes and ears” of his fledgling presidential campaign.Pecker testified that the plan included identifying potentially damaging stories about Trump so they could be squashed before being published. That, prosecutors say, was the beginning of the catch-and-kill scheme at the heart of the case.Jurors also want to hear Pecker’s account of a phone call he said he received from Trump in which they discussed a rumor that another outlet had offered to buy former Playboy model Karen McDougal’s alleged story that she had a yearlong affair with Trump in the mid-2000s. Trump has denied the affair.Pecker testified that Trump told him, “Karen is a nice girl” and asked, “What do you think I should do?” Pecker said he replied: “I think you should buy the story and take it off the market.” He added that Trump told him he doesn’t buy stories because they always get out and that Cohen would be in touch.The publisher said he came away from the conversation thinking Trump was aware of the specifics of McDougal’s claims. Pecker said he believed the story was true and would have been embarrassing to Trump and his campaign if it were made public.The National Enquirer’s parent company, American Media Inc., eventually paid McDougal $150,000 for the rights to her story in an agreement that also included writing and other opportunities with its fitness magazine and other publications.The fourth item jurors requested is Pecker’s testimony about his decision in October 2016 to back out of an agreement to sell the rights to McDougal’s story to Trump through a company Cohen had established for the transaction, known as an “assignment of rights.”“I called Michael Cohen, and I said to him that the agreement, the assignment deal is off. I am not going forward. It is a bad idea, and I want you to rip up the agreement,” Pecker testified. “He was very, very, angry. Very upset. Screaming, basically, at me.”Pecker testified that he reiterated to Cohen that he wasn’t going forward with the agreement.He said that Cohen told him: “The boss is going to be very angry at you.”

    The jury in Donald Trump’s hush money trial is to resume deliberations Thursday after asking to rehear potentially crucial testimony about the alleged hush money scheme at the heart of the history-making case.

    The 12-person jury deliberated for about 4 1/2 hours on Wednesday without reaching a verdict.

    Besides asking to rehear testimony from a tabloid publisher and Trump’s former lawyer and personal fixer, the jury also requested to revisit at least part of the judge’s hourlong instructions that were meant to guide them on the law.

    It’s unclear how long the deliberations will last. A guilty verdict would deliver a stunning legal reckoning for the presumptive Republican presidential nominee as he seeks to reclaim the White House while an acquittal would represent a major win for Trump and embolden him on the campaign trail. Since verdicts must be unanimous, it’s also possible the case ends in a mistrial if the jury can’t reach a consensus after days of deliberations.

    Trump struck a pessimistic tone after leaving the courtroom following the reading of jury instructions, repeating his assertions of a “very unfair trial” and saying: “Mother Teresa could not beat those charges, but we’ll see. We’ll see how we do.”

    He remained inside the courthouse during deliberations, where he posted on his social media network complaints about the trial and quoted legal and political commentators who view the case in his favor. He did not testify in his own defense, a fact the judge told jurors they could not take into account.

    Trump is charged with 34 counts of falsifying business records at his company in connection with an alleged scheme to hide potentially embarrassing stories about him during his 2016 Republican presidential election campaign.

    The charge, a felony, arises from reimbursements paid to then-Trump lawyer Michael Cohen after he made a $130,000 hush money payment to adult film actress Stormy Daniels to silence her claims that she and Trump had sex in 2006. Trump is accused of misrepresenting Cohen’s reimbursements as legal expenses to hide that they were tied to a hush money payment.

    Trump has pleaded not guilty and contends the Cohen payments were for legitimate legal services. He has also denied the alleged extramarital sexual encounter with Daniels.

    To convict Trump, the jury would have to find unanimously that he created a fraudulent entry in his company’s records, or caused someone else to do so, and that he did so with the intent of committing or concealing another crime.

    The crime prosecutors say Trump committed or hid is a violation of a New York election law making it illegal for two or more conspirators “to promote or prevent the election of any person to a public office by unlawful means.”

    While the jury must unanimously agree that something unlawful was done to promote Trump’s election campaign, they don’t have to be unanimous on what that unlawful thing was.

    The jurors — a diverse cross-section of Manhattan residents and professional backgrounds — often appeared riveted by testimony in the trial, including from Cohen and Daniels. Many took notes and watched intently as witnesses answered questions from Manhattan prosecutors and Trump’s lawyers.

    Jurors started deliberating after a marathon day of closing arguments in which a prosecutor spoke for more than five hours, underscoring the burden the district attorney’s office faces in needing to establish Trump’s guilt beyond a reasonable doubt.

    The Trump team need not establish his innocence to avoid a conviction but must instead bank on at least one juror finding that prosecutors have not sufficiently proved their case.

    In their first burst of communication with the court, jurors asked to rehear testimony from Cohen and former National Enquirer publisher David Pecker about an August 2015 meeting with Trump at Trump Tower where the tabloid boss agreed to be the “eyes and ears” of his fledgling presidential campaign.

    Pecker testified that the plan included identifying potentially damaging stories about Trump so they could be squashed before being published. That, prosecutors say, was the beginning of the catch-and-kill scheme at the heart of the case.

    Jurors also want to hear Pecker’s account of a phone call he said he received from Trump in which they discussed a rumor that another outlet had offered to buy former Playboy model Karen McDougal’s alleged story that she had a yearlong affair with Trump in the mid-2000s. Trump has denied the affair.

    Pecker testified that Trump told him, “Karen is a nice girl” and asked, “What do you think I should do?” Pecker said he replied: “I think you should buy the story and take it off the market.” He added that Trump told him he doesn’t buy stories because they always get out and that Cohen would be in touch.

    The publisher said he came away from the conversation thinking Trump was aware of the specifics of McDougal’s claims. Pecker said he believed the story was true and would have been embarrassing to Trump and his campaign if it were made public.

    The National Enquirer’s parent company, American Media Inc., eventually paid McDougal $150,000 for the rights to her story in an agreement that also included writing and other opportunities with its fitness magazine and other publications.

    The fourth item jurors requested is Pecker’s testimony about his decision in October 2016 to back out of an agreement to sell the rights to McDougal’s story to Trump through a company Cohen had established for the transaction, known as an “assignment of rights.”

    “I called Michael Cohen, and I said to him that the agreement, the assignment deal is off. I am not going forward. It is a bad idea, and I want you to rip up the agreement,” Pecker testified. “He was very, very, angry. Very upset. Screaming, basically, at me.”

    Pecker testified that he reiterated to Cohen that he wasn’t going forward with the agreement.

    He said that Cohen told him: “The boss is going to be very angry at you.”

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  • Michael Cohen faces more grilling as Trump’s hush money trial enters its final stretch

    Michael Cohen faces more grilling as Trump’s hush money trial enters its final stretch

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    Prosecutors’ last and star witness in Donald Trump’s hush money trial was back on the stand Monday for more grilling before the former president’s lawyers get their chance to put on a case.The landmark trial kicked back off with legal arguments and more defense cross-examination of former Trump attorney Michael Cohen, whose pivotal testimony last week directly tied Trump to the alleged hush money scheme. Cohen nodded to a court officer but didn’t look at Trump at the defense table as he made his way to the stand.He’s the last prosecution witness, and it’s not yet clear whether Trump’s attorneys will call any witnesses, let alone the presumptive Republican presidential nominee himself.Defense lawyers already have questioned Cohen for hours about his criminal history and past lies to paint him as a serial fabulist who is on a revenge campaign aimed at taking down Trump.After more than four weeks of testimony about sex, money, tabloid machinations and the details of Trump’s company recordkeeping, jurors could begin deliberating as soon as next week to decide whether Trump is guilty of 34 felony counts of falsifying business records in the first criminal trial of a former U.S. president.The charges stem from internal Trump Organization records where payments to Cohen were marked as legal expenses, when prosecutors say they were really reimbursements for a $130,000 hush money payment to porn actor Stormy Daniels.Trump has pleaded not guilty. His lawyers say there was nothing criminal about the Daniels deal or the way Cohen was paid.”There’s no crime,” Trump told reporters after arriving at the courthouse Monday. “We paid a legal expense. You know what it’s marked down as? A legal expense.”Manhattan District Attorney Alvin Bragg’s office is expected to rest its case once Cohen is off the stand, but prosecutors would have have an opportunity to call rebuttal witnesses if Trump’s lawyers put on witnesses of their own. Judge Juan M. Merchan, citing scheduling issues, says he expects closing arguments to happen May 28, the Tuesday after Memorial Day.Defense lawyers said they have not decided whether Trump will testify. And Trump did not respond to shouted questions from reporters about whether his lawyers have advised him not to take the stand.Defense attorneys generally are reluctant to put their clients on the witness stand and open them up to intense questioning by prosecutors, as it often does more harm than good.Cohen is prosecutors’ most important witness, but he is also vulnerable to attack.The now-disbarred attorney has admitted on the witness stand to previously lying under oath and other falsehoods, many of which he claims were meant to protect Trump. Cohen served prison time after pleading guilty to various federal charges, including lying to Congress and a bank and engaging in campaign finance violations related to the hush money scheme.And he has made millions of dollars off critical books about the former president, whom he regularly slams on social media in often profane terms.Cohen told jurors that Trump was intimately involved in the scheme to pay off Daniels to prevent her from going public late in his 2016 presidential campaign with claims of a 2006 sexual encounter with Trump. Trump says nothing sexual happened between them.Cohen told jurors about meetings and conversations with Trump, including one in 2017 in which Cohen says he, Trump and then-Trump Organization finance chief Allen Weisselberg discussed how Cohen would recoup his outlay for the Daniels payment and how the reimbursement would be billed as “legal services.”Known for his hot temper, Cohen has remained mostly calm on the witness stand despite sometimes heated interrogation by the defense about his own misdeeds and the allegations in the case.A key moment came Thursday, when defense attorney Todd Blanche accused Cohen of lying about the purpose of a phone call to Trump’s bodyguard days before Cohen wired Daniels’ lawyer $130,000.Cohen told jurors he talked to Trump on that call about the hush money payment. Blanche confronted Cohen with text messages to argue that Cohen had actually been talking to Trump’s bodyguard about harassing calls from a teenage prankster.“That was a lie. You did not talk to President Trump on that night … You can admit it?” Blanche asked.“No, sir, I can’t,” Cohen replied, saying he believed he also spoke to Trump about the Daniels deal.Trump’s lawyers have said they may call Bradley A. Smith, a Republican law professor who was appointed by former President Bill Clinton to the Federal Election Commission, to refute the prosecution’s contention that the hush money payments amounted to campaign-finance violations.The judge has limited what Smith can address, however, and the defense could decide not to call him, after all.There are often guardrails around expert testimony on legal matters, on the basis that it’s up to a judge — not an expert hired by one side or the other — to instruct jurors on applicable laws in a case.Merchan has ruled that Smith can give general background on the FEC, the laws it enforces and the definitions of such terms as “campaign contribution.” But he can’t interpret how federal campaign finance laws apply to the facts of Trump’s case or opine on whether the former president’s alleged actions violate those laws.

    Prosecutors’ last and star witness in Donald Trump’s hush money trial was back on the stand Monday for more grilling before the former president’s lawyers get their chance to put on a case.

    The landmark trial kicked back off with legal arguments and more defense cross-examination of former Trump attorney Michael Cohen, whose pivotal testimony last week directly tied Trump to the alleged hush money scheme. Cohen nodded to a court officer but didn’t look at Trump at the defense table as he made his way to the stand.

    He’s the last prosecution witness, and it’s not yet clear whether Trump’s attorneys will call any witnesses, let alone the presumptive Republican presidential nominee himself.

    Defense lawyers already have questioned Cohen for hours about his criminal history and past lies to paint him as a serial fabulist who is on a revenge campaign aimed at taking down Trump.

    After more than four weeks of testimony about sex, money, tabloid machinations and the details of Trump’s company recordkeeping, jurors could begin deliberating as soon as next week to decide whether Trump is guilty of 34 felony counts of falsifying business records in the first criminal trial of a former U.S. president.

    The charges stem from internal Trump Organization records where payments to Cohen were marked as legal expenses, when prosecutors say they were really reimbursements for a $130,000 hush money payment to porn actor Stormy Daniels.

    Trump has pleaded not guilty. His lawyers say there was nothing criminal about the Daniels deal or the way Cohen was paid.

    “There’s no crime,” Trump told reporters after arriving at the courthouse Monday. “We paid a legal expense. You know what it’s marked down as? A legal expense.”

    Manhattan District Attorney Alvin Bragg’s office is expected to rest its case once Cohen is off the stand, but prosecutors would have have an opportunity to call rebuttal witnesses if Trump’s lawyers put on witnesses of their own. Judge Juan M. Merchan, citing scheduling issues, says he expects closing arguments to happen May 28, the Tuesday after Memorial Day.

    Defense lawyers said they have not decided whether Trump will testify. And Trump did not respond to shouted questions from reporters about whether his lawyers have advised him not to take the stand.

    Defense attorneys generally are reluctant to put their clients on the witness stand and open them up to intense questioning by prosecutors, as it often does more harm than good.

    Cohen is prosecutors’ most important witness, but he is also vulnerable to attack.

    The now-disbarred attorney has admitted on the witness stand to previously lying under oath and other falsehoods, many of which he claims were meant to protect Trump. Cohen served prison time after pleading guilty to various federal charges, including lying to Congress and a bank and engaging in campaign finance violations related to the hush money scheme.

    And he has made millions of dollars off critical books about the former president, whom he regularly slams on social media in often profane terms.

    Cohen told jurors that Trump was intimately involved in the scheme to pay off Daniels to prevent her from going public late in his 2016 presidential campaign with claims of a 2006 sexual encounter with Trump. Trump says nothing sexual happened between them.

    Cohen told jurors about meetings and conversations with Trump, including one in 2017 in which Cohen says he, Trump and then-Trump Organization finance chief Allen Weisselberg discussed how Cohen would recoup his outlay for the Daniels payment and how the reimbursement would be billed as “legal services.”

    Known for his hot temper, Cohen has remained mostly calm on the witness stand despite sometimes heated interrogation by the defense about his own misdeeds and the allegations in the case.

    A key moment came Thursday, when defense attorney Todd Blanche accused Cohen of lying about the purpose of a phone call to Trump’s bodyguard days before Cohen wired Daniels’ lawyer $130,000.

    Cohen told jurors he talked to Trump on that call about the hush money payment. Blanche confronted Cohen with text messages to argue that Cohen had actually been talking to Trump’s bodyguard about harassing calls from a teenage prankster.

    “That was a lie. You did not talk to President Trump on that night … You can admit it?” Blanche asked.

    “No, sir, I can’t,” Cohen replied, saying he believed he also spoke to Trump about the Daniels deal.

    Trump’s lawyers have said they may call Bradley A. Smith, a Republican law professor who was appointed by former President Bill Clinton to the Federal Election Commission, to refute the prosecution’s contention that the hush money payments amounted to campaign-finance violations.

    The judge has limited what Smith can address, however, and the defense could decide not to call him, after all.

    There are often guardrails around expert testimony on legal matters, on the basis that it’s up to a judge — not an expert hired by one side or the other — to instruct jurors on applicable laws in a case.

    Merchan has ruled that Smith can give general background on the FEC, the laws it enforces and the definitions of such terms as “campaign contribution.” But he can’t interpret how federal campaign finance laws apply to the facts of Trump’s case or opine on whether the former president’s alleged actions violate those laws.

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  • Jury selection in Trump hush money trial faces pivotal stretch as former president returns to court

    Jury selection in Trump hush money trial faces pivotal stretch as former president returns to court

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    Jury selection in the hush money trial of Donald Trump enters a pivotal and potentially final stretch Thursday as lawyers look to round out the panel of New Yorkers that will decide the first-ever criminal case against a former president.Seven jurors have been picked so far, including an oncology nurse, a software engineer, an information technology professional, a sales professional, an English teacher and two lawyers. Eleven more people must still be sworn in, with the judge saying he anticipated opening statements in the landmark case to be given as early as next week.The seating of the Manhattan jury — whenever it comes — will be a seminal moment in the case, setting the stage for a trial that will place the former president’s legal jeopardy at the heart of the campaign against Joe Biden and feature potentially unflattering testimony about Trump’s private life in the years before he became president.The process of picking a jury is a critical phase of any criminal trial but especially so when the defendant is a former president and the presumptive Republican nominee. Prospective jurors have been grilled on their social media posts, personal lives and political views as the lawyers and judge search for biases that would prevent them from being impartial. Inside the court, there’s broad acknowledgment of the futility in trying to find jurors without knowledge of Trump, with a prosecutor this week saying that lawyers were not looking for people who had been “living under a rock for the past eight years.”To that end, at least some of the jurors selected acknowledged having their own opinions about Trump.“I find him fascinating and mysterious,” one juror selected for the case, an IT professional, said under questioning. “He walks into a room and he sets people off, one way or the other. I find that really interesting. ‘Really? This one guy could do all of this? Wow.’ That’s what I think.”The process has moved swifter than expected, prompting Trump when leaving the courthouse on Tuesday to complain to reporters that the judge, Juan Merchan, was “rushing” the trial.The case centers on a $130,000 payment that Trump’s lawyer and personal fixer, Michael Cohen, made shortly before the 2016 election to porn actor Stormy Daniels to prevent her claims of a sexual encounter with Trump from becoming public in the race’s final days.Prosecutors say Trump obscured the true nature of the payments in internal records when his company reimbursed Cohen, who pleaded guilty to federal charges in 2018 and is expected to be a star witness for the prosecution.Trump has denied having a sexual encounter with Daniels, and his lawyers argue the payments to Cohen were legitimate legal expenses.Trump faces 34 felony counts of falsifying business records. He could face up to four years in prison if convicted, though it’s not clear that the judge would opt to put him behind bars. Trump would almost certainly appeal any conviction.The hush money case is one of four criminal prosecutions Trump is confronting as he vies to reclaim the White House, but it’s possible that it will be the sole case to reach trial before November’s presidential election. Appeals and other legal wrangling have caused delays in cases charging Trump with plotting to overturn the 2020 election results and with illegally hoarding classified documents.

    Jury selection in the hush money trial of Donald Trump enters a pivotal and potentially final stretch Thursday as lawyers look to round out the panel of New Yorkers that will decide the first-ever criminal case against a former president.

    Seven jurors have been picked so far, including an oncology nurse, a software engineer, an information technology professional, a sales professional, an English teacher and two lawyers. Eleven more people must still be sworn in, with the judge saying he anticipated opening statements in the landmark case to be given as early as next week.

    The seating of the Manhattan jury — whenever it comes — will be a seminal moment in the case, setting the stage for a trial that will place the former president’s legal jeopardy at the heart of the campaign against Joe Biden and feature potentially unflattering testimony about Trump’s private life in the years before he became president.

    The process of picking a jury is a critical phase of any criminal trial but especially so when the defendant is a former president and the presumptive Republican nominee. Prospective jurors have been grilled on their social media posts, personal lives and political views as the lawyers and judge search for biases that would prevent them from being impartial. Inside the court, there’s broad acknowledgment of the futility in trying to find jurors without knowledge of Trump, with a prosecutor this week saying that lawyers were not looking for people who had been “living under a rock for the past eight years.”

    To that end, at least some of the jurors selected acknowledged having their own opinions about Trump.

    “I find him fascinating and mysterious,” one juror selected for the case, an IT professional, said under questioning. “He walks into a room and he sets people off, one way or the other. I find that really interesting. ‘Really? This one guy could do all of this? Wow.’ That’s what I think.”

    The process has moved swifter than expected, prompting Trump when leaving the courthouse on Tuesday to complain to reporters that the judge, Juan Merchan, was “rushing” the trial.

    The case centers on a $130,000 payment that Trump’s lawyer and personal fixer, Michael Cohen, made shortly before the 2016 election to porn actor Stormy Daniels to prevent her claims of a sexual encounter with Trump from becoming public in the race’s final days.

    Prosecutors say Trump obscured the true nature of the payments in internal records when his company reimbursed Cohen, who pleaded guilty to federal charges in 2018 and is expected to be a star witness for the prosecution.

    Trump has denied having a sexual encounter with Daniels, and his lawyers argue the payments to Cohen were legitimate legal expenses.

    Trump faces 34 felony counts of falsifying business records. He could face up to four years in prison if convicted, though it’s not clear that the judge would opt to put him behind bars. Trump would almost certainly appeal any conviction.

    The hush money case is one of four criminal prosecutions Trump is confronting as he vies to reclaim the White House, but it’s possible that it will be the sole case to reach trial before November’s presidential election. Appeals and other legal wrangling have caused delays in cases charging Trump with plotting to overturn the 2020 election results and with illegally hoarding classified documents.

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  • Trump faces Monday deadline to ask SCOTUS for delay in election interference trial

    Trump faces Monday deadline to ask SCOTUS for delay in election interference trial

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    WASHINGTON — Former President Donald Trump faces a Monday deadline for asking the Supreme Court to extend the delay in his trial on charges he plotted to overturn his 2020 election loss.

    His lawyers have indicated they will file an emergency appeal with the court, just four days after the justices heard Trump’s separate appeal to remain on the presidential ballot despite attempts to kick him off because of his efforts following his election loss in 2020.

    The filing would preserve a delay on what would be a landmark criminal trial of a former president while the nation’s highest court decides what to do. The federal appeals court in Washington set the deadline for filing when it rejected Trump’s immunity claims last week and ruled the trial could proceed.

    The Supreme Court’s decision on what to do, and how quickly it acts, could determine whether the Republican presidential primary front-runner stands trial in the case before the November election.

    RELATED: Takeaways from the Supreme Court oral arguments on the Trump 14th Amendment case

    There is no timetable for the court to act, but special counsel Jack Smith’s team has strongly pushed for the trial to take place this year. Trump, meanwhile, has repeatedly sought to delay the case. If Trump were to defeat President Joe Biden, he could potentially try to use his position as head of the executive branch to order a new attorney general to dismiss the federal cases he faces or even seek a pardon for himself.

    The Supreme Court’s options include rejecting the emergency appeal, which would enable U.S. District Judge Tanya Chutkan to restart the trial proceedings in Washington’s federal court. The trial was initially scheduled to begin in early March.

    The court also could extend the delay while it hears arguments on the immunity issue. In that event, the schedule the justices might set could determine how soon a trial might begin, if indeed they agree with lower court rulings that Trump is not immune from prosecution.

    In December, Smith and his team had urged the justices to take up and decide the immunity issue, even before the appeals court weighed in. “It is of imperative public importance that Respondent’s claim of immunity be resolved by this Court and that Respondent’s trial proceed as promptly as possible if his claim of immunity is rejected,” prosecutors wrote in December.

    RELATED: Appeals court rejects Trump’s immunity claim in federal election interference case

    Trump’s legal team has ascribed partisan motives to the prosecution’s push for a prompt trial, writing in December that it “reflects the evident desire to schedule President Trump’s potential trial during the summer of 2024-at the height of the election season.”

    Now it’s up to a court on which three justices, Amy Coney Barrett, Neil Gorsuch and Brett Kavanaugh, were appointed by Trump when he was president. They have moved the court to the right in major decisions that overturned abortion rights, expanded gun rights and ended affirmative action in college admissions.

    But the Supreme Court hasn’t been especially friendly to Trump on legal matters directly concerning the former president. The court declined to take up several appeals filed by Trump and his allies related to the 2020 election. It also refused to prevent tax files and other documents from being turned over to congressional committees and prosecutors in New York.

    Last week, however, the justices did seem likely to end the efforts to prevent Trump from being on the 2024 ballot. A decision in that case could come any time.

    The Supreme Court has previously held that presidents are immune from civil liability for official acts, and Trump’s lawyers have for months argued that that protection should be extended to criminal prosecution as well.

    Last week, a unanimous panel of two judges appointed by President Joe Biden and one by a Republican president sharply rejected Trump’s novel claim that former presidents enjoy absolute immunity for actions that fall within their official job duties. It was the second time since December that judges have held that Trump can be prosecuted for actions undertaken while in the White House and in the run-up to Jan. 6, 2021, when a mob of his supporters stormed the U.S. Capitol.

    ALSO SEE: New poll finds many Americans feel Biden, Trump are both too old to be president

    The case was argued before Judges Florence Pan and J. Michelle Childs, appointees of Biden, a Democrat, and Karen LeCraft Henderson, who was named to the bench by President George H.W. Bush, a Republican.

    The case in Washington is one of four prosecutions Trump faces as he seeks to reclaim the White House. He faces federal charges in Florida that he illegally retained classified documents at his Mar-a-Lago estate, a case that was also brought by Smith and is set for trial in May.

    He’s also charged in state court in Georgia with scheming to subvert that state’s 2020 election and in New York in connection with hush money payments made to porn actor Stormy Daniels. He has denied any wrongdoing.

    Copyright © 2024 by The Associated Press. All Rights Reserved.

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