Trump legal team files motion to pause proceedings pending appeal

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Special counsel wants ruling so Trump trial can proceed

Fox News correspondent David Spunt reports on the Supreme Court being asked to quickly decide on former President Donald Trump’s immunity on ‘Special Report.’

Lawyers for former President Donald Trump filed a motion Tuesday urging U.S. District Court Judge Tanya Chutkan to pause proceedings against Trump in the Jan. 6 case while his appeal is pending. 

Trump faces charges accusing him of working to overturn the results of the 2020 election he lost to Democrat Joe Biden before the violent riot by his supporters at the U.S. Capitol. He has denied any wrongdoing.

In a ruling from earlier this month, Chutkan rejected arguments by Trump's lawyers that he was immune from federal prosecution. Chutkan wrote that the office of the president "does not confer a lifelong 'get-out-of-jail-free' pass."

Former President Donald Trump (Saul Loeb/AFP via Getty Images/File)

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"Former Presidents enjoy no special conditions on their federal criminal liability," Chutkan wrote. "Defendant may be subject to federal investigation, indictment, prosecution, conviction, and punishment for any criminal acts undertaken while in office."

Tuesday's filing by Trump's legal team comes after Special Counsel Jack Smith asked the U.S. Supreme Court to review Trump's appeal in an expedited manner to prevent any delays that could push back the trial, currently set to begin March 4. 

The justices indicated they would decide quickly whether to hear the case, ordering Trump's lawyers to respond by Dec. 20. The court's brief order did not signal what it ultimately would do.

Trump's presidential campaign criticized Smith for trying to go around the appeals court. "There is absolutely no reason to rush this sham to trial except to injure President Trump and tens of millions of his supporters. President Trump will continue to fight for Justice and oppose these authoritarian tactics," the campaign said in a statement.

Special Counsel Jack Smith  (Jerry Lampen/Pool/AFP via Getty Images/File)

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The court is next scheduled to meet privately Jan. 5. It's unclear whether the justices would convene sooner to take up Smith's request.

The Associated Press contributed to this report.