Federal prosecutor Jack Smith on Monday asked the U.S. Supreme Court to urgently rule on Donald Trump's claimed immunity to prevent the ex-president from disrupting the timeline of his trial in the 2020 election.
The lawyers of the Republican primary favorite are systematically demanding that his various trials take place as late as possible and in any case after the presidential election in November 2024.
Judge Tanya Chutkan, who will preside over hearings in the federal trial of Donald Trump over his alleged unlawful attempts to overturn the results of the 2020 election, rejected his request for immunity on December 1, saying no text referenced an ex-president protected from prosecution.
“Exceptional” file
But his lawyers' appeal filed on December 7 “stays the proceedings” against him, special prosecutor Jack Smith, who is investigating the case, points out in his request for a direct referral to the Supreme Court. However, “if the appeal process were to take place according to the usual rhythm of the appeal court, a final decision could only be made after many months,” while the trial must begin on March 4, 2024, 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 consider the matter and schedule a hearing at short notice to hear the arguments of both parties in order to decide by the end of its session, which ends on June 30. Without deciding on the submission itself, the court agreed to an urgent review in the afternoon and gave the defense until December 20 to respond.
Possible delay in the process
“Although no precedent supports defendant's claim of criminal immunity as a former president, the State recognizes that this court has never ruled on this issue,” adds Jack Smith.
At the same time, he filed a request for emergency review with the federal appeals court in Washington in case the nine Supreme Court justices, six appointed by Republican presidents and three appointed by Democrats, reject his request.
The appeals court, in turn, gave Donald Trump's lawyers until Wednesday to respond to this emergency complaint. “There is absolutely no reason to rush this travesty of a trial other than to harm President Trump and his tens of millions of supporters,” his campaign said in a statement in response to Jack Smith's request.
Donald Trump's lawyers say he enjoys “absolute immunity” for his actions in the White House. They cite Supreme Court jurisprudence from the 1980s on civil lawsuits against former President Richard Nixon.
Even with an expedited trial, the U.S. Supreme Court is unlikely to issue an opinion before February, making the March 4 trial start date more than uncertain.