Federal prosecutors on Monday asked the U.S. Supreme Court to rule quickly on whether former President Donald Trump has immunity from prosecution so his trial on charges of plotting to overturn the 2020 election can proceed as planned.
Published on:
3 minutes
“This case poses a fundamental question at the heart of our democracy“: whether a former president is absolutely immune from federal prosecution for crimes committed during his term in office,” special prosecutor Jack Smith said in a filing with the nation’s highest court.
Smith asked Supreme Courtwhich has a conservative majority of 6 votes to 3, including three judges appointed by Assetfor an accelerated decision.
“The United States recognizes that this is an extraordinary request,” the special prosecutor said. “This is an extraordinary case.”
“It is of paramount public importance that the defendant’s claims for immunity be resolved as expeditiously as possible – and, if the defendant is not immune, that he or she receives a fair and speedy trial on these charges.” , Smith said.
The Supreme Court said it would expedite consideration of Smith’s motion to take up the case and asked Trump’s lawyers to state their position on the special counsel’s request by Dec. 20.
The historic trial of the former Republican president is scheduled to open in Washington on March 4, 2024.
Trump’s lawyers have repeatedly sought to delay the trial until after the November 2024 election, including arguing that a former president has “absolute immunity” and cannot be prosecuted for actions he had undertaken while in the White House.
U.S. District Judge Tanya Chutkan, who is set to preside over the first-ever criminal trial of a former president, denied the immunity request on December 1.
“Whatever immunities a sitting president may enjoy, the United States has only one chief executive at a time, and that position does not confer the ability to ‘get out of jail’ for life ” said Chutkan.
“The accused’s four years of service as commander-in-chief did not confer on him the divine right of kings to escape the criminal responsibility that governs his fellow citizens,” she added.
Lawyers for Trump, the frontrunner for the Republican nomination in the 2024 presidential election, appealed Chutkan’s decision to a federal appeals court.
Smith is asking the Supreme Court to bypass the appeals court and take up the matter itself urgently.
“No one is above the law”
In his filing, Smith said that “the cornerstone of our constitutional order is that no one is above the law.
“The force of this principle is at its peak when, as here, a grand jury has indicted a former president with committing federal crimes to undermine the peaceful transfer of power to his lawfully elected successor,” the special prosecutor said.
“Nothing could be more vital to our democracy than holding a president who abuses the electoral system to stay in office accountable for his criminal conduct.”
A Trump spokesperson denounced Smith’s decision, saying in a statement that there was “no reason to rush this sham through court except to hurt President Trump.”
Carl Tobias, a law professor at the University of Richmond, told AFP that Smith’s request was a rare procedure but that he presented “a compelling case.”
“Smith is essentially arguing that the future of the United States as a functioning democracy is at stake,” Tobias said.
Trump was indicted in August for seeking to overturn the results of the November 2020 election won by Democrat Joe Biden in a concerted effort that led to the violent Jan. 6, 2021, attack by his supporters on the U.S. Capitol.
The former president is accused of seeking to disenfranchise American voters by falsely claiming he won the election.
Smith also asked the Supreme Court to decide whether the prosecution of Trump violated constitutional protections against double jeopardy – being tried twice for the same crime.
Trump was impeached by the Democratic-majority House of Representatives for “incitement of insurrection” following the Capitol attack, but was acquitted by the Senate.
The nine Supreme Court justices are scheduled to hold their next conference on whether to accept new cases on January 5. The court’s current term is expected to end in June.
(AFP)