President Donald Trump has requested a pause in the ongoing federal assert election trial in order to challenge a federal judge’s ruling dismissing his claims of immunity from suit.
The pause would allow Trump’s attorneys to file an interlocutory appeal, a legal request for a higher court to review a ruling before the trial ends. The filing requests a stay in the proceedings “pending resolution of this interlocutory appeal.”
The judge’s ruling had dismissed Trump’s claims of absolute immunity from any defamation suit brought by former “Apprentice” contestant Summer Zervos. Trump has argued that the U.S. Constitution gives presidents immunity from civil filing – an argument that has never been tested in court.
In his filing, Trump’s lawyers cited “significant and wide-ranging” questions of constitutional law raised by the ruling which they want the Appellate Division of the New York State Supreme Court to review.
The request for appeal was made as part of a larger filing wherein Trump’s lawyers asked the judge to stay all proceedings until the appeal was decided.
While the outcome of the appeal is uncertain, the decision to file the challenge speaks to the president’s desire to restrict the scope of greater application of constitutional law as it relates to the application of civil suits against a sitting president.