Supreme Court asked to quickly decide Trump immunity claim

Special counsel Jack Smith on Monday asked the U.S. Supreme Court to step in and quickly decide former President Donald Trump’s claim that he enjoys blanket immunity from criminal prosecution for actions taken while he was in the White House.

The aggressive prosecutor says the conservative-led top court should deliver a timely decision to avoid unnecessary delays in Trump’s explosive election interference trial that is now set for March 4.

“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,” Smith’s prosecutors wrote.

The move amounts to calling the bluff of Trump’s defense, which hopes to use a potentially lengthy appeals process to delay the trial if possible until after the 2024 election, when he hopes to regain power.

U.S. District Court Tanya Chutkan has ruled the case can proceed, saying Trump is not a “king” and cannot get a “lifetime ‘get-outof-jail-free card’” for alleged crimes committed while in office.

But Trump last week appealed the case to a federal appeals court and argues the entire case must be frozen until a final ruling is reached, a process that could delay the trial for months even if the courts eventually give the green light.

Smith is attempting to bypass the deliberations of the Washington, D.C., Circuit Court of Appeals, even though the panel has repeatedly ruled against Trump in similar cases.

The Supreme Court could consider Smith’s appeal as soon as Jan. 5, the date of the justices’ next scheduled private conference.

Prosecutors make no secret of their desire to obtain a decision on the immunity question as soon as possible.

“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,” the filing said.