Special counsel Jack Smith’s team asked the Supreme Court on Thursday to quickly rule on former President Donald Trump’s claim that he enjoys immunity from charges related to the January 6, 2021 Capitol riots.
Trump’s lawyers had argued in a brief filing on Wednesday that there was no reason for the high court to intervene in the appeals process, which threatened to delay the start of the 77-year-old’s scheduled March 4 trial.
But Smith’s team responded Thursday that the question demands a “timely and final resolution” that only a judge can provide.
“The public interest in the prompt resolution of this case favors a prompt and final decision by this Court,” prosecutors wrote in their brief.
“The charges here are very heavy. This case involves — for the first time in our Nation’s history — criminal charges against a former President based on his actions while in office.”
Trump’s team has sought to get the court to overturn the four-count indictment against him for alleged subversiveness of the 2020 election, arguing that he cannot be prosecuted for carrying out his official duties as president.
Jack Smith wants the Supreme Court to speed up its review of Donald Trump’s presidential immunity claims. AFP via Getty Images
Earlier this month, US District Judge Tanya Chutkan ruled against Trump, finding that the 45th president was not entitled to “a free pass out of prison for life.”
Trump’s team appealed the decision to the D.C. appeals court, but Smith went straight to the high court with his initial request on Dec. 11 for an immediate ruling.
Chutkan has put “any further proceedings that would move this case toward trial” on hold amid the appeal.
Judge Tanya Chutkan is overseeing the 2020 election subversive case against Donald Trump. AP
“Only this Court can rule on his immunity defense,” Smith’s team wrote. “Pre-judgment certiorari will allow the Court to set a schedule of briefings and arguments to ensure that the respondent’s immunity claim will be resolved as soon as possible.”
Smith’s team further asserted that “respondents agree that the important constitutional questions in this case require this Court’s review.”
In a brief Wednesday, Trump’s legal team argued that the matter should be heard by an appeals court first.
Trump’s legal team wants the Supreme Court to wait to discuss the issue of presidential immunity. AFP via Getty Images
“In 234 years of American history, no president has ever faced criminal prosecution for an official act. Until 19 days ago, no court had ever addressed whether immunity from such prosecution existed,” they wrote.
“Until today, no appeals court has dealt with it. That question is one of the most complex, complicated and important issues that this Court will be called upon to decide.”
Trump’s team also argued that Smith’s office lacked standing to ask the Supreme Court to expedite an appeal of the ruling he won.
The Supreme Court is poised to face a handful of politically ambiguous Trump-related questions over the next year. Getty Images
If the Supreme Court chooses not to rush the challenge, Trump’s case could be delayed indefinitely while the question of immunity is decided.
Trump faces a total of 91 criminal charges in four cases. He has pleaded not guilty and denied wrongdoing in all of them.
On Tuesday, the Colorado Supreme Court disqualified Trump from the GOP primary ballot – a decision his campaign has also vowed to appeal to the Supreme Court.
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Source: thtrangdai.edu.vn/en/
