Trump was not charged with insurrection in the federal case. Justice Juan Merchan is presiding over one of four criminal cases against Trump in New York.
On April 3, New York Supreme Court Justice Juan Merchan denied a defense motion to adjourn the upcoming trial scheduled for April 15, and in his order, referred to former President Donald Trump’s case before the Supreme Court as the “Federal Insurrection Matter.”
“Defendant fully briefed the issue of presidential immunity in his motion to dismiss the matter of United States v. Trump, US Dist Ct, DDC 23 CR 25, (TSC) (hereinafter “Federal Insurrection Matter”) on October 5, 2023,” Justice Merchan wrote.
Justice Merchan is presiding over one of four criminal cases against President Trump. This one is a state case, where Manhattan District Attorney Alvin Bragg has charged President Trump with 34 counts of falsifying business records, alleging a scheme to influence the 2016 elections.
The other case in question charges President Trump with four counts of obstruction and conspiracy for his acts on Jan. 6, 2021, but it does not allege insurrection in the indictment.
Special counsel Jack Smith is prosecuting the case in the U.S. District Court for the District of Columbia, and trial proceedings have been stayed as President Trump pursues an appeal on grounds of presidential immunity.
Counsel for President Trump in the Manhattan case brought the federal case up recently in requesting that the trial be delayed, arguing that the presidential immunity they raised in state court will soon be under review by the U.S. Supreme Court.
On April 25, the Supreme Court will hear oral arguments on “whether and if so to what extent does a former President enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office.”
The presidential immunity defense is one President Trump has raised in several of his cases, and attorneys in other cases have requested additional hearings and delays in anticipation of a Supreme Court decision.
‘Insurrection’
It is unclear why Justice Merchan would use the “insurrection” as shorthand for the federal case.
The only appearance of the word “insurrection” is in a quote in response to an attorney saying there would be “riots everywhere” if President Trump remained in office. In response, one of the unnamed co-conspirators tells him, “Well, [Deputy White House Counsel], that’s why there’s an Insurrection Act.”
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