Special counsel Jack Smith asked the Supreme Court on Monday to consider claims by former President Donald Trump’s lawyers that their clients enjoy immunity from his federal indictment over the January 6, 2021 Capitol riots.
“This case raises a fundamental question at the heart of our democracy: whether a former President is truly immune from federal prosecution for crimes committed while in office or is constitutionally protected from federal prosecution when he has been charged but not convicted before criminal proceedings have begun . ,” Smith wrote in an 81-page petition to the high court filed Monday.
He added that the request is of “significant public interest” because the former president is scheduled to go to trial on March 4, 2024, and Trump’s lawyers have already appealed the district court’s ruling against blanket immunity.
Even with a “greatly expedited” appeals process, Smith added, “it is unclear whether this Court will be able to hear and resolve threshold immunity issues during its current Term” — which ends about four months before the 2024 election.
Special counsel Jack Smith has asked the Supreme Court to consider a claim from former President Donald Trump’s lawyer that he has immunity from federal indictment Jan. 6, according to a Monday filing. AP
Smith’s petition asks for a response by Dec. 18 — and a resolution to the constitutional question presented in just a few weeks if a judge takes up the issue.
The court responded on Monday evening by giving the former president’s lawyers until 4pm on December 20 to respond to Smith’s filing.
Trump’s lawyers argued that the former president’s attempt to run in 2020 against former Vice President Joe Biden was within the “outer perimeter” of his official responsibilities.
“This case raises a fundamental question at the heart of our democracy: whether former Presidents are truly immune from federal prosecution for crimes committed while in office,” Smith wrote in a petition to the high court. POOL/AFP via Getty Images
The special counsel also noted that “precedent supports prompt action,” referencing the 1974 Supreme Court decision in United States v. Nixon.
In that case, President Richard Nixon was denied executive privilege and forced to comply with a special prosecutor’s subpoena for audio recordings that were central to the Watergate investigation.
“As in Nixon, the ‘public interest in the issues presented and the need for their prompt resolution’ warrants this Court’s intervention now, without awaiting the conclusion of the appellate proceedings,” Smith argued.
The special counsel also noted that “precedent supports prompt action,” referencing the 1974 Supreme Court decision in United States v. Nixon. AP
“And as in Nixon, that is true even if the district court correctly denied respondents’ presidential immunity and related double jeopardy claims,” he added.
The double-jeopardy claim states that Trump is immune from prosecution since he was impeached in the House for sedition on January 6, 2021, but acquitted by the Senate.
A separate Supreme Court decision – Nixon v. Fitzgerald – gives presidents mere “civil immunity” in the course of their official duties, Smith also noted, but not “absolute shield from criminal liability.”
The double jeopardy indictment claims that Trump has been immune from prosecution since he was impeached in the House for his actions on January 6, 2021, but acquitted by the Senate. AFP via Getty Images On Dec. 1, US District Judge Tanya Chutkan denied Trump’s motion to dismiss a four-count indictment against him for trying to overturn the results of the 2020 election in Washington, DC. US COURT via REUTERS
“A fundamental tenet of our constitutional order is that no man is above the law,” he wrote. “The strength of that principle is at its height where, as here, a grand jury has charged a former President with a federal crime for subverting a peaceful transition of power to his legitimately elected successor.”
“Joe Biden’s crooked henchman, Deranged Jack Smith, is so obsessed with meddling in the 2024 Presidential Election, with the goal of preventing President Trump from retaking the Oval Office, as the President is poised to do, that Smith is willing to try for a Hail Mary with race to the Supreme Court and try to bypass the Appeals Process,” the former president’s spokesperson said in a statement.
“‘Deranged’ should probably be reminded that the Supreme Court has not been kind to him, including by issuing a rare unanimous reprimand when the Court overturned him 8-0 in [Bob] The McDonnell case. As President Trump has said repeatedly, this prosecution is entirely politically motivated. It’s an unprecedented attack on Crooked Political Opponent Joe Biden—Banana Republic style! There is absolutely no reason to rush the Witch Hunt to trial, except to hurt President Trump and at least 150 million of his supporters. President Trump will continue to fight for Justice and oppose these authoritarian tactics.”
On Dec. 1, US District Judge Tanya Chutkan denied Trump’s motion to dismiss the four-count indictment against him for attempting to overturn the results of the 2020 election in Washington, DC, which culminated in the breach of the US Capitol by his supporters. .
Trump, 77, who has pleaded not guilty to all charges, is the runaway candidate for the 2024 Republican presidential nomination, leading by more than 47 percentage points, according to polling aggregator RealClearPolitics.
He is scheduled to go to trial for the January 6 case on March 4, 2024, the day before Super Tuesday in the GOP primary.
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Source: thtrangdai.edu.vn/en/
