Supreme Court Asked to Decide if Trump Is Immune From Prosecution

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U.S. Special Counsel Jack Smith has made a significant request to the Supreme Court, urging for a swift decision on former President Donald Trump’s immunity from charges related to his alleged attempts to overturn the 2020 election defeat. This request aims to ensure the on-schedule commencement of Trump’s trial, set for March 4 in Washington.

Smith is seeking the Supreme Court’s endorsement of U.S. District Judge Tanya Chutkan’s decision that allows the case to proceed, thereby circumventing the prolonged process of Trump’s appeal to the federal appellate court. Recognizing the uniqueness of the request, Smith emphasizes the exceptional nature of the case.

Reacting promptly, the Supreme Court agreed to consider the urgency of the matter and has instructed Trump’s legal team to submit their briefs by December 20.

The crux of Smith’s request to the Supreme Court is to determine whether Trump, for actions taken during his presidency’s final days, is immune from prosecution. This move is aimed at preventing potential trial delays, especially considering the 2024 presidential election, where Trump is a strong contender for the Republican nomination. Trump currently faces four criminal indictments involving 91 charges, all of which he denies.

Concerns are that if Trump were re-elected, he might influence the discontinuation of two key cases filed by Smith — the election conspiracy case and another case in Florida regarding mishandling classified documents.

Despite Trump’s appointment of three of the current Supreme Court justices, his history with the high court has not been favorable. The justices have previously ruled against him in matters related to the 2020 election, presidential immunity, and the release of his financial records.

The prosecutors have highlighted to the Supreme Court the significance of determining Trump’s immunity, stating that it is a crucial democratic principle whether a former president can be immune from federal prosecution for crimes committed while in office. They urge the Court to resolve these immunity claims promptly to allow the trial to proceed if the immunity claim is rejected.

Judge Chutkan has already dismissed Trump’s immunity claims, stating that former presidents do not have a ‘get-out-of-jail-free’ pass and can be subject to federal criminal liability for actions taken while in office.

The indictment against Trump in Washington consists of four counts, accusing him of conspiring to overturn the 2020 election results. The charges include efforts to obstruct the federal process of election result certification through false claims of election fraud.

The case also addresses the events of January 6, 2021, when Trump allegedly incited his supporters to disrupt the Congressional certification of the Electoral College results, leading to the Capitol riot. Over 1,100 protesters were arrested, with more than 600 convictions. Despite the chaos, Congress ratified Biden’s victory early on January 7, and Biden was inaugurated on January 20, 2021.