Special Counsel Urges Supreme Court to Swiftly Resolve Trump's Immunity Claim

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ICARO Media Group
Politics
11/12/2023 20h08

In a bid to keep the trial on track, special counsel Jack Smith has petitioned the Supreme Court to urgently address former President Donald Trump's claim of immunity from prosecution in relation to charges connected to his efforts to subvert the 2020 election. Failure to obtain the Supreme Court's intervention could result in an indefinite delay of Trump's trial, Smith warned in his petition on Monday.

Scheduled to begin on March 4, the trial has effectively been put on hold as Trump appeals the trial judge's ruling that rejected his immunity arguments, Smith highlighted. To ensure a prompt resolution, Smith contended that the court's involvement in answering the novel legal question is vital.

By approaching the Supreme Court directly, Smith aims to bypass the federal appeals court and maintain the trial's election-focused timeline. If the March 4 trial date holds, it would mark Trump's first trial among the four criminal cases he faces as he seeks re-election to the White House.

In the petition, Smith acknowledged the extraordinary nature of the request, referring to the case as extraordinary itself. He urged the Supreme Court to expedite the consideration of the matter, suggesting the possibility of oral arguments early next year. To illustrate the urgency, Smith drew a parallel to the Watergate conspirators' trial five decades ago when the Supreme Court resolved a petition from then-President Richard Nixon within about two months.

Trump claims "absolute immunity" from charges due to their association with his official acts as president aimed at safeguarding the integrity of the 2020 election. Prosecutors, on the other hand, argue that Trump's repeated dissemination of false information and the subsequent pressure he exerted on state and federal officials to overturn the election results do not fall under the purview of official acts.

U.S. District Judge Tanya Chutkan, who presides over the election-subversion case and was appointed during the Obama administration, ruled on December 1 that Trump lacks immunity. Trump has appealed the decision to the D.C. Circuit Court of Appeals and has called for a suspension of the proceedings until the appeal is resolved.

While the Supreme Court has previously confirmed the extensive immunity enjoyed by presidents in civil lawsuits, it has not specifically tackled the issue of whether presidents can face criminal prosecution for alleged offenses committed while in office.

The filing submitted on Monday has been signed by Jack Smith, as well as his deputies J.P. Cooney and James Pearce. Notably, it also bears the signature of Michael Dreeben, a seasoned Supreme Court litigator who previously served as a top deputy to special counsel Robert Mueller. This marks the first public indication of Dreeben working alongside Smith.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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