Special counsel asks Supreme Court to rule quickly on Trump’s immunity
WASHINGTON — Special counsel Jack Smith on Monday asked the Supreme Court to take up and rule quickly on whether former President Donald Trump can be prosecuted on charges he plotted to overturn the 2020 election results.
Smith made his request for the court to act with unusual speed to prevent any delays that could push back the trial of the 2024 Republican presidential primary front-runner, currently set to begin on March 4, until after next year’s presidential election.
A federal judge ruled the case could go forward, but Trump signaled he would ask the federal appeals court in Washington to reverse that outcome. Smith is attempting to bypass the appeals 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,” prosecutors wrote.
The court is set to meet privately on Jan. 5, 2024. It’s unclear whether the justices would convene sooner to take up Smith’s request.
At issue is a Dec. 1 ruling from U.S. District Judge Tanya Chutkan that rejected arguments by Trump’s lawyers that he was immune from federal prosecution. In her order, Chutkan, who was appointed by President Barack Obama, wrote that the office of the president “does not confer a lifelong ‘get-out-of-jail-free’ pass.”
“Former Presidents enjoy no special conditions on their federal criminal liability,” Chutkan wrote. “Defendant may be subject to federal investigation, indictment, prosecution, conviction, and punishment for any criminal acts undertaken while in office.”
If the justices get involved, they would have an opportunity to rule for the first time ever on whether ex-presidents enjoy immunity from prosecution. Justice Department policy prohibits the indictment of a sitting president but lawyers for Trump say that he cannot be charged for actions that fell within his official duties as president.