On Monday, Special Counsel Jack Smith petitioned the Supreme Court to urgently consider whether former President Donald Trump can face prosecution regarding his alleged efforts to overturn the 2020 election results. Smith’s request aims to avoid any delays that might postpone Trump’s trial, scheduled to start on March 4, 2024, potentially until after the presidential election.
Later that day, the Supreme Court responded by directing Trump’s legal team to provide a response by December 20. Fox News reported that the court is set to convene for a conference on the issue on January 5, 2024. The court’s concise order did not indicate its final decision.
The case, initially greenlit by a federal judge, faced opposition from Trump, who announced plans to appeal the decision in the federal appeals court in Washington. Smith is seeking to skip the usual appeals court process, aiming for the Supreme Court to directly address the issue.
Prosecutors argued that this case raises a pivotal question about whether a former president can claim absolute immunity from federal prosecution for crimes committed while in office or if constitutional protection exists for a president who has been impeached but not convicted.
Trump’s campaign has criticized Smith for attempting to circumvent the appeals court, claiming that rushing the trial serves only to harm Trump and his supporters. The campaign emphasized that Trump would continue to challenge these “authoritarian tactics.”
The Supreme Court’s next private meeting is scheduled for January 5, 2024, but it remains uncertain if they will convene earlier to discuss Smith’s request.
Prosecutors underscored the importance of a swift resolution, stating, “It is of imperative public importance that respondent’s claims of immunity be resolved by this Court and that respondent’s trial proceed as promptly as possible if his claim of immunity is rejected.”
U.S. District Judge Tanya Chutkan, appointed by President Barack Obama, had previously ruled against Trump’s immunity claim, asserting that former presidents do not have special conditions regarding federal criminal liability.
This case offers the Supreme Court an unprecedented opportunity to determine if former presidents are immune from prosecution.
Justice Department policy currently prohibits indicting a sitting president, but no such restriction exists for a former president. Trump’s lawyers argue that he cannot be charged for actions within his presidential duties, a claim disputed by prosecutors.
Smith’s team emphasized the urgency of expedited proceedings, noting the need for resolution within the current term.
The prosecutors also seek the Supreme Court’s consideration of Trump’s additional claim, already dismissed by Chutkan, that he cannot be prosecuted for actions for which he was impeached and acquitted by Congress.
Trump faces allegations of attempting to overturn the 2020 election results, leading to the Capitol riot, which he denies.
The Supreme Court usually takes several months to decide a case. Smith requests a rapid process, similar to the court’s swift actions in the Watergate scandal involving President Richard Nixon and the 2000 presidential election decision favoring George W. Bush.
