Special counsel asks SCOTUS to weigh in on Trump immunity in federal J6 case

Source: The Hill | December 11, 2023 | Zach Schonfeld

Special counsel asks Supreme Court to weigh in on Trump immunity in federal Jan. 6 case

Special Counsel Jack Smith on Monday asked the Supreme Court to immediately take up former President Trump’s federal 2020 election criminal case, urging the justices to weigh in on Trump’s immunity defense.

Trump is attempting to toss the case by arguing he has presidential immunity from the four-count indictment, which accuses him of entering multiple criminal conspiracies to subvert the 2020 election results.

Trump appealed a judge’s rejection of that argument to the D.C. Circuit Court of Appeals last week.

But Smith on Monday urged the nation’s highest court to take up the issue before the D.C. Circuit issues its ruling, citing Trump’s fast-approaching March 4 trial date.

“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,” Smith wrote in the filing.

Smith also requested the Supreme Court expedite its consideration of whether to take up the issue. If they do agree to hear it, Smith further asked that the justices expedite their consideration of the case.

“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,” Smith wrote in the filing.

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