Federal prosecutor Jack Smith, who is investigating the case against Donald Trump over his attempts to overturn the results of the 2020 US election, asked the Supreme Court on Monday to urgently rule on the former president's request for immunity.
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Judge Tanya Chutkan, who will preside over Donald Trump's federal trial scheduled for March 4, 2024, rejected his request for immunity on December 1 on the grounds that no text protected the ex-president from criminal prosecution.
But the appeal filed on Dec. 7 by lawyers for the Republican primary favorite for the 2024 presidential election “stays the proceedings” against him, Jack Smith points out in his request to refer him to the Supreme Court.
However: “If the appeal process were to proceed according to the usual rhythm of the appeal court, a final decision could only be made after many months,” he emphasizes.
“It is fundamental to the public interest that the defendant's request for immunity be decided as quickly as possible – and if he does not enjoy immunity, that he be tried in a fair and expeditious procedure,” pleads the special prosecutor .
This is an “extraordinary request,” he admits, adding: “It is an extraordinary file.” Accordingly, Jack Smith is asking the Supreme Court to look into the matter and schedule a hearing at short notice to hear the arguments of both sides to listen.
Donald Trump's lawyers say he enjoys “absolute immunity” for his actions in the White House. They cite the Supreme Court's 1981 case law on civil lawsuits against former President Richard Nixon.
In her decision, Judge Chutkan specifically concluded that this precedent did not apply to a criminal case against a former president.
As he campaigns to retake the White House, Donald Trump is blaming his legal woes on the Democratic administration of President Joe Biden, whom he could face in 2024 as he seeks revenge for the 2020 election.