U.S. special counsel Jack Smith has asked the Supreme Court to quickly consider whether former President Donald Trump has any immunity from charges accusing him of illegally conspiring to upend his 2020 election loss to Joe Biden.
The request is an effort to keep Trump’s scheduled March 4 trial date in Washington on track, and bypass Trump’s appeal of a ruling by U.S. District Judge Tanya Chutkan to the federal appellate court in Washington, a process that could take months.
Smith told the Supreme Court that the case is “extraordinary” and that it 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 is constitutionally protected from federal prosecution when he has been impeached but not convicted before the criminal proceedings begin.”
Hours later, the Supreme Court agreed to hear arguments from both sides about whether they should act quickly to decide whether Trump has immunity from being charged criminally. Trump’s lawyers were told to file briefs on the issue by December 20.
The urgency of the matter is clear, as Smith told the Supreme Court that it is “of imperative public importance that [Trump’s] claims of immunity be resolved by this court and that [his] trial proceed as promptly as possible if his claim of immunity is rejected.”
Trump is the overwhelming favorite for the 2024 Republican presidential nomination even as he faces an unprecedented four criminal indictments accusing him of 91 offenses, all of which he has denied. If he were to win the White House again and any federal trials had yet to occur, he could direct his attorney general to drop two cases brought by Smith — the election conspiracy case and another in the Southern state of Florida set for May accusing him of mishandling classified documents as he left office.
Trump appointed three of the nine sitting Supreme Court justices during his four years in office. But the former president does not have a winning track record at the high court. The justices rejected requests from Trump and his supporters to get involved in challenges to the 2020 election results. They also ruled against his claims that the presidency protected him from investigation and turned back his efforts to block release of his financial records.
The indictment alleged that Trump sought “to overturn the legitimate results of the 2020 presidential election by using knowingly false claims of election fraud to obstruct the federal government function by which those results are collected, counted and certified.”
On January 6, 2021, as Congress met to officially certify the results of the Electoral College showing Biden had won, Trump urged supporters to march to the U.S. Capitol and “fight like hell” to disrupt the proceeding. In the ensuing mayhem, about 2,000 Trump supporters stormed into the Capitol, clashed with police and rampaged through some congressional offices.
More than 1,100 protesters were arrested and more than 600 have been convicted of an array of offenses. After hours of delay, Congress ratified Biden’s victory in the early hours of January 7, and he became the country’s president on January 20, 2021.
The Supreme Court’s decision on whether Trump has immunity from prosecution will be a crucial one for the future of the United States. It will determine whether Trump can be held accountable for his actions while in office, and whether he can be prosecuted for any crimes he may have committed.
The Supreme Court’s decision will also have a major impact on the 2024 presidential election. If Trump is found to have immunity from prosecution, it could give him a major boost in the race for the Republican nomination. On the other hand, if he is found to not have immunity, it could be a major setback for his campaign.
No matter what the Supreme Court decides, it is clear that the case of Donald Trump’s immunity from prosecution is an extraordinary one that will have far-reaching implications for the future of the United States. The Supreme Court’s decision will be closely watched by all Americans, and will be a major factor in determining the outcome of the 2024 presidential election.
