Former President Donald Trump has called on the Supreme Court to deny special counsel Jack Smith's request and decline to consider Trump's claims of presidential immunity from criminal prosecution, allowing the U.S. Court of Appeals for the District of Columbia Circuit to first examine the matter. In a filing with the high court, Trump's attorneys argued that the lower court's consideration of "historic topics" would be beneficial before the case reaches the Supreme Court.

The Supreme Court is currently reviewing Smith's request to bypass the D.C. Circuit and make a swift decision on whether Trump is fully shielded from criminal prosecution for charges related to his alleged attempt to overturn the results of the 2020 election. Trump, who has pleaded not guilty, believes that no president in American history has ever faced criminal prosecution for official acts and that the question of immunity is complex and significant.

Trump's legal team criticized Smith's request, claiming that it would require the Supreme Court to hurriedly decide on the issues without proper deliberation. They also argued that Smith's appeal lacks legal standing since the government cannot appeal a ruling in its favor. Furthermore, Trump's lawyers reiterated that the indictment against him stems from acts of political speech and advocacy while he was still in office, contesting the election outcome.

While Trump's trial is set to begin on March 4, Smith insists that it is crucial for it to proceed on time if Trump's claim of immunity is rejected. However, Trump's lawyers argue that Smith's request shows a partisan motivation, as the trial is scheduled to start one day before Super Tuesday, a significant day for presidential primaries in over a dozen states. They accuse Smith of pursuing President Biden's partisan interests.

The central issue revolves around Trump's claim that the indictment against him should be dismissed since it involves official acts committed during his presidency. A federal district court judge rejected Trump's attempt to dismiss the case earlier this month, stating that no president enjoys lifelong immunity from criminal prosecution. Trump appealed to the D.C. Circuit, which subsequently paused all proceedings pending the appeal.

Smith's unusual request to the Supreme Court sets the stage for a crucial battle that may determine the fate of Trump's prosecution just weeks before the Republican presidential primaries commence. The special counsel argues that no individual, including a former president, is above the law and asserts that holding Trump accountable for alleged criminal conduct is vital for democracy.

Smith also asks the Supreme Court to consider Trump's assertion that he is constitutionally protected from prosecution due to his impeachment by the House and subsequent acquittal by the Senate for the same conduct. However, the district court rejected this claim as well.

The Supreme Court will decide whether to fast-track the case in the near future. If they agree, arguments could be heard next month. Alternatively, the court may choose to wait until after the D.C. Circuit's ruling. The appeals court has scheduled arguments for January 9, but this may change if the Supreme Court decides to take up the case.

A ruling from the Supreme Court affirming Trump's immunity would bring an end to the case. However, if the justices rule in favor of the Justice Department, the trial against the former president is likely to proceed as planned. Smith has emphasized the need for a swift decision, given the trial date set for March 4.

In their filing, Trump's attorneys request that the Supreme Court reject Smith's proposed briefing schedule, advocating for an ordinary schedule instead of a compressed one to ensure proper consideration of the issues at hand.