Former President Donald Trump is asking a federal appeals court to delay his defamation trial set for next month in a lawsuit brought by E. Jean Carroll so he can consider other legal moves, including potentially taking the case to the US Supreme Court.
A federal appeals court rejected Trump’s use of presidential immunity as a defense to the defamation charges stemming from statements he made while president, saying he had waived his right to assert it by making the claim too late into the litigation.
The court sent the case back to the trial judge to move ahead to trial, which is set for January 16.
In a motion Thursday, Trump’s attorneys asked the appeals court to stay the trial to allow them time to consider their appellate options, including asking a full panel of appeals court judges to hear his arguments or taking the case to the Supreme Court.
“The requested stays are necessary and appropriate to give President Trump an opportunity to fully litigate his entitlement to present an immunity defense in the underlying proceedings, including pursuing the appeal in the Supreme Court if necessary,” Trump’s attorney’s wrote.
They’re seeking a 90-day stay to give them time to consider appellate options in addition to a stay of the trial until the appeal is completed.
“The significance of these issues is illustrated by, among other things, last week’s filings with the Supreme Court by Special Counsel Jack Smith regarding President Trump’s presidential immunity appeal arising from a criminal case in the District of Columbia,” Trump’s attorneys wrote.
“That case is stayed pending resolution of the appeal, as this case should be, and the possibility that the Supreme Court may soon address President Trump’s immunity further supports the requested stays,” they continued.