Left: Supreme Court Justice Clarence Thomas departs the U.S. Capitol on June 29, 2026 (Francis Chung/POLITICO via AP Images). Right: President Donald Trump speaks during a back-to-school event in the Rose Garden of the White House, Monday, Aug. 24, 2026, in Washington (AP Photo/Alex Brandon).
Nearly one month after Justice Clarence Thomas handed Donald Trump extra time to make his case for reviving his never-successful Hillary Clinton RICO lawsuit, the president has returned to the Supreme Court with the same extension request.
The president's private lawyers are busy with "numerous direct-appeal briefing, trial court, and hearing deadlines" in the coming three weeks, so there's "good cause" to grant a second 30-day extension for Trump to file his petition for a writ of certiorari, Alejandro Brito and Richard C. Klugh said in an application on Monday.
Brito, for instance, represents Trump in lawsuits against the BBC, New York Times, and the Wall Street Journal in Florida. He also has attorneys of his own seeking a stay pending appeal in the 11th U.S. Circuit Court of Appeals after a federal judge referred him to the bar for his role in bringing the president's "non-adversarial, collusive" lawsuit against the IRS.
"[G]ranting additional time will greatly serve the interest of justice, assist in preparing a clear, concise, and comprehensive petition for certiorari for the Court's review, and reduce any interruption of the work of the President in his full-time and vital role as Chief Executive," Trump's attorneys asserted.
Thomas is the justice assigned to handle applications like this one within the 11th Circuit. He most recently granted Trump an extension until Sept. 9, and now he's being asked for an extension until Oct. 9.
Trump's RICO lawsuit against Clinton — which broadly accused Democrats of conspiring to bankroll "an unthinkable plot" to tar the 2016 Trump campaign, cloud his first term through "a sinister link" to Russia, and harm his business interests — was dismissed in the district court as a "frivolous" and "bad faith" action warranting $1 million in sanctions against Alina Habba, the firm Habba Madaio & Associates, and Trump himself.
Months ago, the 11th Circuit completely rejected Trump's request for an en banc rehearing by the full court after a three-judge panel made short work of the appeal.
But the president's lawyers seem to think they're on the verge of cracking the code, and need to conduct "substantial legal research" over the next month on "exceptionally important" questions — on lateness.
The first question asked "whether the statute of limitations for an individual claim for civil damages by the President is equitably tolled during the term of the Presidency where the misconduct to which the claim is addressed is also under investigation or being prosecuted by Executive Branch departments and agencies."
Trump argues that the 11th Circuit "concluded, in error and without reaching the underlying merits of the President's civil claims," that his claims were time-barred and worthy of "extreme sanctions."
"The forthcoming petition is likely to be granted in light of, among other things, the need to address the important issues discussed above," the application ended.