The former President of the United States, Donald Trump, has asked the Supreme Court to reject a request made by special counsel Jack Smith. Trump is seeking for the court to not consider his argument for presidential immunity from criminal charges until it has been reviewed by an appeals court.
Lawyers representing the ex-president stated in a submission to the supreme court that their regular review process will give the Court of Appeals for the District of Columbia Circuit the opportunity to hear Trump’s appeal initially, taking into account the lower court’s examination of “significant matters.”
The justices are currently
Considering a request made by Smith.
The aim is to avoid the D.C. Circuit and promptly determine if Trump is completely protected from being charged with a crime for his purported effort to overturn the outcome of the 2020 election. Trump has declared his innocence in this matter.
Earlier this month, the case that Trump attempted to dismiss was rejected.
Judge Tanya Chutkan stated in her December 1st ruling that while a sitting president may have certain privileges, the United States only has one leader at a time and this does not grant them immunity from legal consequences for life. Trump appealed this decision to the D.C. Circuit, with Chutkan allowing the case against him to continue.
Consented to temporarily stop all actions
during the duration of the appeal process.
The special counsel made an uncommon appeal to the Supreme Court, setting the stage for a crucial battle that may determine the fate of Trump’s legal case shortly before the initial ballots are cast in the GOP presidential primaries.
Smith stated in his recent request that it is crucial for the court to address respondent’s claims of immunity and ensure that his trial proceeds without delay in the event that his immunity claim is denied. According to Smith, the district court has already ruled that respondent’s claims are incorrect, but only this court has the authority to make a definitive decision on the matter.
According to Smith, everyone, even a former president who has been accused of federal crimes, is subject to the law and cannot use their power to prevent a peaceful transfer of power.
The special counsel emphasized the importance of holding a president accountable for criminal behavior if they abuse the electoral system to stay in power, as it is crucial for our democracy.
Smith also asked the justices to consider the former president’s assertion that he is constitutionally protected from prosecution because he was
The House has voted to impeach. — and
Cleared of charges by the Senate.
The district court also dismissed the claim for the same behavior that led to the criminal charges.
On Wednesday, Trump’s legal team argued to the Supreme Court that according to the Constitution’s “equitable and structural approach,” a president can only face prosecution if they have been impeached, put on trial, and found guilty by the Senate.
According to the authors, the Constitution allows for these types of prosecutions, but it also calls for a significant level of political agreement. This includes the involvement of the legislative and executive branches, specifically a large majority of the U.S. Senate, which is often referred to as the “cooling saucer” of the Republic. However, this type of extreme action can only be taken with careful consideration and widespread support.
The Supreme Court has the option to expedite the case in the near future. If the judges approve of hearing the case before the appeals court makes a decision, hearings could take place as early as next month. Alternatively, the Supreme Court may choose to wait until after the D.C. Circuit has made its ruling. The appeals court is currently set to hear arguments on January 9, but this may change if the Supreme Court takes on the case.
The Supreme Court’s decision to shield Trump from prosecution would conclude the case, but a ruling in favor of the Justice Department would almost certainly result in the trial proceeding against the ex-president. Smith has urged the court to act quickly, as the trial is scheduled for March 4.
According to Trump’s legal team, if the Supreme Court chooses to review the case prior to the D.C. Circuit, they should decline Smith’s suggested timeline for submitting briefs. They argue that this timeline would force a rushed examination of the issues, and recommend following a regular schedule instead.