Donald Trump has claimed immunity from prosecution for charges linked to his bid to disrupt the 2020 election, but special counsel Jack Smith is urging the Supreme Court to consider this claim promptly.
In a petition sent to the Supreme Court on Monday, the special counsel expressed concern that the trial of Trump could be perpetually postponed unless the court moves quickly to intervene.
That’s because, as Smith pointed out, the trial was supposed to start on March 4, but it has been essentially postponed while Trump seeks to appeal the trial judge’s decision to reject his reasons for immunity. He insisted that the lawsuit must move “promptly” unless the new legal question is resolved.
Smith is making a strong effort to keep the trial’s timeline, which is focused on the next election, on track by going straight to the Supreme Court in the hopes of avoiding a federal appeals court. As he runs for reelection, President Trump is facing four criminal charges; the first trial in each would take place on March 4, if the scheduled date holds.
“We at the US government understand that you’re making a rather unusual request. Smith referred to the matter as “extraordinary” in his petition.
Smith requested that the Supreme Court expedite its review of the matter, suggesting that oral arguments may be held early in the new year. According to the prosecutor’s arguments, this is similar to a proposed trial for Watergate conspirators fifty years ago, when the court decided on a petition from then-President Richard Nixon (who was not indicted) in approximately two months.
Since the criminal allegations are based on “official acts” that Trump did while in office to guarantee the validity of the 2020 election, he claims he is “absolutely immune” from them. Prosecutors, however, argue that Trump’s repeated fabrications regarding the outcome and his use of those fabrications to exert pressure on federal and state officials to reverse the results cannot be considered official conduct.
On December 1, the trial judge in the election-subversion case, U.S. District Judge Tanya Chutkan, who was appointed by Obama, declared that Trump did not possess immunity. While Trump’s appeal is being considered by the D.C. Circuit Court of Appeals, he has asked Chutkan to pause the proceedings.
While the Supreme Court has ruled that presidents enjoy broad protection from civil claims, it has never explicitly addressed the question of whether presidents can face criminal prosecution for alleged crimes committed while in office.
Smith, along with J.P. Cooney and James Pearce, two of his deputies, signed Monday’s filing. Michael Dreeben, a seasoned Supreme Court litigator and former senior assistant to special counsel Robert Mueller, has also signed it. This seems to be Dreeben’s first official statement confirming his partnership with Smith.
