By Lawrence Hurley -
NBC News
WASHINGTON — Former President Donald Trump filed a last-ditch request with the Supreme Court on Monday to prevent his prosecution for trying to overturn the 2020 election from reaching trial.
Trump asked the justices to stay an appeals court ruling that rejected his broad argument for presidential immunity in connection with the events leading up to the Jan. 6 attack on the Capitol.
[An appeals court determines that Trump lacks immunity in criminal proceedings for electoral interference]
The Federal Circuit Court of Appeals for the District of Columbia on Tuesday issued a ruling against Trump that it said would be implemented on Feb. 12 unless the former president filed an emergency request with the Supreme Court.
Donald Trump at a campaign event in Las Vegas on January 27.
David Becker/Getty Images
The stakes are high because if the High Court rejects Trump's request, the case would return to Washington-based Federal District Judge Tanya Chutkan, with
the possibility of a trial before the November election.
Chutkan has already backtracked on his original plan to hold the trial in March.
If Trump wins the election, he would be in a position to order the charges dismissed or grant himself a presidential pardon.
[Supreme Court declines to rule on Trump's presidential immunity in election interference case]
Ultimately, Trump would like the Supreme Court to hear his case and overturn the appeals court's decision, but before the justices can address that issue
they have to decide whether to stay the lower court's ruling.
The appeals court ruled that, as a “Trump citizen,” the former president cannot benefit from any of the immunity defenses that a sitting president can deploy.
Trump's lawyers say presidents should have full immunity for official acts as president and that his actions in challenging the election results were part of his official duties.
[Supreme Court appears skeptical of arguments to remove Trump from Colorado ballot]
The court has a 6-3 conservative majority, with three Trump appointees.
Trump would need at least five votes to prevent the appeals court ruling from taking effect.
The justices have several options on how to handle the case, including granting Trump's request while a ruling on the immunity issue is expedited, or rejecting Trump's request outright.
Even if the court agrees to intervene, it could still issue a decision quickly enough for the trial to move forward before the election.
Despite the ideological makeup of the court, Trump has not fared well in recent cases.
On Thursday, the justices heard arguments in another Trump-related case over the former president's attempt to avoid being booted from the ballot in Colorado.
In that case, it seems likely that the court will rule in his favor.
Trump's appeal arose from his four-count indictment in Washington, including charges of conspiracy to defraud the United States and conspiracy to obstruct an official proceeding.
He has pleaded not guilty.
Chutkan in December rejected Trump's request to dismiss the impeachment on presidential immunity and other constitutional grounds.
The case is on hold while the appeal process plays out.