Supreme Court To Rule On Trump’s Immunity Case

Special Counsel Jack Smith asked the Supreme Court on Monday to take up a case against former President Donald Trump. Trump is accused of interfering with a federal election, but his lawyers believe that Trump should be granted immunity as a former sitting president.

Smith is asking the Court to act with unusual speed and to skip a federal appeals court so that the trial stays on track to be held on March 4. If the trial is pushed until after March 4, prosecutors believe that the trial might not happen until after the 2024 election.

“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 special counsel wrote in his filing Monday.

The Supreme Court granted the expedited review and is scheduled to reconvene on January 5, although the justices could convene sooner to consider Smith’s request. Trump’s lawyers have been given until December 20 to respond.

At issue is a ruling from December 1 by U.S. District Judge Tanya Chutkan, a Barack Obama appointee, that Trump was not immune from the election subversion charge just because he was once president.

“Former Presidents enjoy no special conditions on their federal criminal liability,” Chutkan ruled. “Defendant may be subject to federal investigation, indictment, prosecution, conviction, and punishment for any criminal acts undertaken while in office.”

Trump’s attorneys argued that he should be immune from any charges, including this one, if the actions fell within his official duties as president. Trump has also been vocal about the idea that the charges being brought against him are politically motivated and have no basis in fact.

“As President Trump has said over and over again, this prosecution is completely politically motivated,” a Trump spokesperson said Monday. “There is absolutely no reason to rush this sham to trial except to injure President Trump and tens of millions of his supporters.

Prosecutors disagree and are pushing forward with this case in the hopes that Trump will be convicted and ultimately banned from running for President.

“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.