Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro,' a book about the secret war on synthetic drugs. Before he joined MSNBC, he was a legal reporter for Bloomberg Law.
As expected, Donald Trump has filed his application at the Supreme Court to keep the federal election interference case on hold while he keeps appealing. To succeed in this gambit, Trump’s lawyers need to convince the justices that, among other things, there’d be irreparable harm if the high court doesn’t go their client’s way. But they cite a curious provision in support of that claim: the First Amendment. They write: There’s a lot to unpack there.
As to the substance of Trump’s claim, such as it is, his lawyers cite cases for broad First Amendment principles that have nothing to do with what’s happening here. Endorsing Trump's First Amendment theory would essentially add another layer of immunity to the sort already rejected by the D.C. Circuit: that not only can one not prosecute former presidents, but presidential candidates are off-limits as well.
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