Trump must respond to special counsel’s request for presidential immunity before Christmas
The Supreme Court has indicated it will expedite consideration of a petition from special counsel Jack Smith on whether former President Donald Trump can be prosecuted on charges of conspiring to overturn the results of the 2020 election.
Smith asked the court to move with unusual speed to avoid delays that could delay the trial until after next year’s presidential election.
Former President Donald Trump and Special Counsel Jack Smith. (Getty Images)
Trump’s trial in the election interference case will begin in March.
The Court has asked Trump’s lawyers to respond to the special counsel’s motion by next Wednesday, December 20, two days later than Smith had requested.
The Court’s next scheduled conference day to consider such matters is Jan. 5, 2024. The court’s brief order did not indicate what it would ultimately do.
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A federal judge ruled the case could move forward, but Trump said he would ask the federal appeals court in Washington to overturn that result. Smith is attempting to bypass the appeals court (the usual next step in the process) and have the Supreme Court take up the matter directly.
United States Special Counsel Jack Smith speaks during a press conference in Washington, DC, United States, Tuesday, August 1, 2023. (Al Drago/Bloomberg via Getty Images)
“This case presents a fundamental question at the heart of our democracy: whether a former president is absolutely immune from federal prosecution for crimes committed while in office or whether he is constitutionally protected from federal prosecution when he has been charged but not convicted before criminal proceedings begin.” prosecutors wrote.
Trump’s presidential campaign criticized Smith for trying to bypass the appeals court.
“There is absolutely no reason to bring this sham to trial except to hurt President Trump and tens of millions of his supporters. President Trump will continue to fight for justice and oppose these authoritarian tactics,” the campaign said in a statement.
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The court is scheduled to meet in private on Jan. 5, 2024. It is unclear if the justices will meet sooner to accept Smith’s request.
At issue is a Dec. 1 ruling by U.S. District Judge Tanya Chutkan that rejected arguments by Trump’s lawyers that he had immunity from federal prosecution. In her order, Chutkan wrote that the president’s office “does not grant a get-out-of-jail-free pass for life.”
Former President Trump. (Sean Rayford/Getty Images)
“Former presidents do not enjoy special conditions in their federal criminal liability,” Chutkan wrote. “The defendant may be subject to federal investigation, indictment, prosecution, conviction, and punishment for any criminal act committed while he was in office.”
If the justices get involved, they would have the opportunity to rule for the first time on whether former presidents enjoy immunity from prosecution. Justice Department policy prohibits indicting a sitting president.
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Meanwhile, Trump’s lawyers have said he cannot be charged for actions that fall within his official duties as president, a claim prosecutors have strongly rejected.
Smith’s team says there would be no opportunity to consider and resolve the issue in the current period if the court did not expedite the matter.
“The United States recognizes that this is an extraordinary request. This is an extraordinary case,” prosecutors wrote. “The Court should grant certiorari and establish a schedule of briefings that will allow this case to be argued and resolved as quickly as possible.”
Former US President Donald Trump speaks to a crowd during a campaign rally on September 25, 2023 in Summerville, South Carolina. (Sean Rayford/Getty Images)
Prosecutors are also asking the court to accept Trump’s claim, also already rejected by Chutkan, that he cannot be prosecuted in court for conduct for which he has already been charged (and acquitted) before Congress.
Trump faces charges accusing him of working to overturn the results of the 2020 election that he lost to Democrat Joe Biden before his supporters’ violent riot at the US Capitol. He denied doing anything wrong.
If the justices decline to intervene at this time, Trump’s appeal would continue in the U.S. Court of Appeals for the District of Columbia Circuit. Smith also called for a quick review there, but said even a quick appeal decision might not reach the Supreme Court in time for the review and final word before the court’s traditional summer vacation.
The Associated Press contributed to this report.
