Supreme Court wants to hear from Hillary Clinton on Trump’s appeal

Court requests Clinton’s response

The Supreme Court on Tuesday directed Hillary Clinton to respond to Trump’s petition. He is asking the justices to revive a lawsuit alleging that Clinton and others conspired before the 2016 election to “weave a false narrative” about his campaign and Russia.

Clinton and the other civil defendants had initially waived their right to respond. Without the court’s request, the petition would have been all but certain to be denied, according to the report.

Review remains uncertain

The request is a favorable development for Trump, but it does not establish that the justices will review his case. Any one justice can ask for a response, and the court does not disclose how many did so or why.

Clinton’s brief opposing the petition is due Nov. 27. The justices are expected to consider whether to grant review at a private conference after that date. Clinton recently endorsed expanding the number of seats on the court, which currently has a 6-3 majority of Republican appointees.

Lower courts rejected lawsuit

Trump says he delayed filing the civil case during his first term because of his presidential duties. His personal lawyers argue that Supreme Court review is needed to protect the presidency and prevent judicial disagreement from punishing its advocates.

A conservative appeals court upheld a district judge’s dismissal of the suit and sanctions totaling nearly $1 million against Trump, Habba and her law firm. The panel described many of the legal claims as “indeed frivolous.” It also cited the 1997 decision in Clinton v. Jones, which held that Bill Clinton could not avoid civil judicial proceedings while president.

Trump cites presidential protections

Trump’s lawyers argue that suing is different from being sued. They say Clinton v. Jones allowed a citizen’s case against a sitting president but did not require a president to bring personal claims while in office or forfeit them.

The lawyers also rely on the Supreme Court’s 2024 criminal immunity ruling in Trump’s favor. They contend that courts should not force presidents to choose whether to pursue personal litigation during their time in office. Trump is also pursuing other personal legal cases.

Other appeals also pending

Trump is also appealing a defamation case against CNN over its use of the phrase “big lie” about his 2020 election claims. CNN’s response is pending after the court requested one, even though the network had waived its right to respond.