(Washington Examiner) The Supreme Court has agreed to expedite consideration of a petition by special counsel Jack Smith on whether former President Donald Trump is immune from being prosecuted for crimes related to his alleged attempts to overturn the 2020 election.
The high court issued the order Monday afternoon, hours after Smith had filed a petition asking the court to take up the appeal. The court ordered that Trump file a response to the petition by 4 p.m. on Dec. 20.
Smith had filed the petition earlier on Monday asking the high court to consider whether former President Donald Trump is immune from being prosecuted for his actions following the 2020 election, as the former president has argued. The move is part of Smith’s effort to keep the trial on track for its scheduled March 4, 2024, start date.
“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 is constitutionally protected from federal prosecution when he has been impeached but not convicted before the criminal proceedings begin,” Smith wrote in the filing. “The district court rejected respondent’s claims, correctly recognizing that former Presidents are not above the law and are accountable for their violations of federal criminal law while in office.”
Smith had filed the petition earlier on Monday asking the high court to consider whether former President Donald Trump is immune from being prosecuted for his actions following the 2020 election, as the former president has argued. The move is part of Smith’s effort to keep the trial on track for its scheduled March 4, 2024, start date.
“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 is constitutionally protected from federal prosecution when he has been impeached but not convicted before the criminal proceedings begin,” Smith wrote in the filing. “The district court rejected respondent’s claims, correctly recognizing that former Presidents are not above the law and are accountable for their violations of federal criminal law while in office.”
“Respondent’s appeal of the ruling rejecting his immunity and related claims, however, suspends the trial of the charges against him, scheduled to begin on March 4, 2024,” he continued.
The special counsel invoked the 1974 high court decision United States v. Nixon in his reasoning for why Trump’s immunity claims should be considered by the Supreme Court, skipping over the federal appellate court.
“This case warrants similar action. As in Nixon, ‘the public importance of the issues presented and the need for their prompt resolution’ merit this Court’s intervention now, without awaiting the completion of appellate proceedings,” Smith wrote.
A spokesperson for the former president railed against Smith’s petition prior to the court announcing it would hear it. The Trump spokesperson said Smith was trying “for a Hail Mary” and that “there is absolutely no reason to rush” the trial.
