Special Counsel Jack Smith asked the Supreme Court Monday to consider whether former President Trump is immune from prosecution in his 2020 election case.
Smith asked the justices to take Trump’s case before a judgement is reached in the lower courts to consider the former president’s claim that he is immune from prosecution. District Court Judge Tanya Chutkan declined to toss Trump’s case based on presidential immunity early December.
Special Counsel Jack Smith is now seeking to leapfrog the appellate court and ask for a ruling from the Supreme Court on Trump’s immunity claims. The only reason for this petition is to seek to guarantee a trial of Trump (and possible conviction) before the election…
— Jonathan Turley (@JonathanTurley) December 11, 2023
“It is of imperative public importance that respondent’s claims of immunity be resolved by this Court and that respondent’s trial proceed as promptly as possible if his claim of immunity is rejected,” Smith told the Court.
“Respondent’s claims are profoundly mistaken, as the district court held,” he continued. “But only this Court can definitively resolve them.” (RELATED: Trump To Appeal Judge’s Rejection Of His Bid To Dismiss 2020 Election Case Based On Presidential Immunity)
The trial to consider Smith’s charges against Trump stemming from his alleged effort to overturn the 2020 election is currently scheduled to begin in the district court on March 4.
Smith wrote that the United States “recognizes that this is an extraordinary request.”
— Katelynn Richardson (@katesrichardson) December 11, 2023
“This is an extraordinary case,” the petition states. “The Court should grant certiorari and set a briefing schedule that would permit this case to be argued and resolved as promptly as possible.”
Chutkan wrote Dec. 1 that the presidency does not “confer a lifelong ‘get-out-of-jail-free’ pass.”
“Former Presidents enjoy no special conditions on their federal criminal liability,” she wrote.
Trump first moved to have his case dismissed in October, arguing that the actions outlined in the indictment fell within his official duties as president. He was indicted on four counts, including conspiracy to defraud the United States, conspiracy to obstruct an official proceeding and conspiracy against rights, in August.
Smith also asked the Court Monday to expedite its decision because the case involves “issues of exceptional national importance.”
“This case involves an issue of exceptional national importance: the amenability to federal prosecution of a former President of the United States for conduct undertaken during his presidency and the effect, if any, that his acquittal in impeachment proceedings has on this federal prosecution,” he wrote.
All content created by the Daily Caller News Foundation, an independent and nonpartisan newswire service, is available without charge to any legitimate news publisher that can provide a large audience. All republished articles must include our logo, our reporter’s byline and their DCNF affiliation. For any questions about our guidelines or partnering with us, please contact email@example.com.