Monday, December 11, 2023

Smith Begs Supreme Court to Decide on Trump’s Prosecution Immunity

'This case presents a fundamental question at the heart of our democracy...'

(Luis CornelioHeadline USA) Special Counsel Jack Smith has asked the Supreme Court to decide whether former President Donald Trump is immune from criminal prosecution in the contentious case regarding efforts to question the result of the 2020 presidential election, as reported by the New York Times on Monday. 

Smith’s move marks a stark escalation in the case, with an appeals court currently weighing Trump’s arguments, claiming he should not be subject to criminal prosecution. Specifically, Trump argues that the Democrat-led impeachment over similar charges was ultimately squashed by a non-conviction in the Senate. 

In his court filing, Smith dismissed such arguments in his dramatic plea to the Court.

“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 claimed. 

Following the special counsel’s request, the justices reportedly granted it and asked the attorneys representing Trump to file their responses by December 20, as reported by ABC News. However, the decision does not guarantee that the justices will ultimately decide or even hear the case. 

“Petitioner’s motion to expedite consideration of the petition for a writ of certiorari before judgment is granted, and respondent is directed to file a response to the petition on or before 4 p.m. (EST) on Wednesday, December 20, 2023,” the justices wrote, according to the outlet.

The trial is scheduled for March 4, a day before Super Tuesday, when multiple states will determine their Republican nominee for president. 

Smith is asking the Court to expedite the case’s determination in a bid to avoid potential delays to the infamous trial.

“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,” Smith added.

The case began after Biden’s attorney general, Merrick Garland, appointed Smith as special counsel to investigate Trump’s alleged role in questioning the results of the 2020 presidential election. 

On June 8, a grand jury returned a four-count indictment against Trump for alleged conspiracy to defraud the United States (Smith claims that Trump sought to block Congress from certifying the results of the election on Jan. 6). 

Trump has long maintained his innocence, slamming the indictments as part of a broader scheme to thwart his presidential election. 

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