Special counsel Jack Smith asks Supreme Court to rule quickly on whether Trump can be prosecuted

Special counsel Jack Smith has formally requested the Supreme Court to expedite a ruling regarding the potential prosecution of former President Donald Trump. The matter under consideration is whether Trump can be charged with plotting to overturn the 2020 election results. While a federal judge had previously ruled in favor of allowing the case to proceed, Trump indicated his intent to seek a reversal through the federal appeals court in Washington.

Smith is seeking to circumvent the appeals court and has submitted a request directly to the Supreme Court, emphasizing the urgency of maintaining the trial’s current schedule, set for March 4, and avoiding any delays that could extend the case beyond the next year’s presidential election.

The central question at hand, as articulated by prosecutors, revolves around the core of our democracy: whether a former President retains absolute immunity from federal prosecution for actions committed during their time in office, or if they are constitutionally shielded from federal prosecution after being impeached but not convicted prior to the commencement of criminal proceedings.

The earliest possible consideration of this appeal by the Supreme Court would be on January 5, coinciding with the justices’ upcoming private conference. Prosecutors underscore the pressing need for a swift resolution to advance the case, stating that it is of paramount public importance to address the respondent’s claims of immunity and ensure the expeditious progression of the trial should his immunity claim be dismissed.

The crux of the matter stems from a December 1 ruling by U.S. District Judge Tanya Chutkan, who rejected Trump’s legal team’s arguments asserting his immunity from federal prosecution. In her ruling, Judge Chutkan affirmed that the office of the president does not confer lifelong immunity from criminal liability. She further noted that former Presidents are not afforded special conditions regarding their federal criminal accountability, making it clear that Trump could be subject to federal investigation, indictment, prosecution, conviction, and punishment for any criminal actions undertaken while in office.

Trump currently faces charges related to his alleged efforts to overturn the 2020 election results, which he lost to Democrat Joe Biden. These charges include his alleged involvement in the violent riot at the U.S. Capitol carried out by his supporters. Trump has consistently denied any wrongdoing in this regard.

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More about Trump Prosecution

• Supreme Court
• Donald Trump
• 2020 U.S. Presidential Election
• Federal Appeals Court
• U.S. District Judge Tanya Chutkan
• Immunity from Prosecution
• Democracy
• U.S. Capitol Riot