Special counsel Jack Smith has urged the Supreme Court to promptly consider a key question in Donald Trump’s election interference case, calling Trump’s opposition to this “misguided.”
Smith emphasized the public’s interest in a swift resolution, given that the case involves criminal charges against a former President for actions during his time in office.
Trump’s lawyers have opposed the request, alleging partisan motivations and potential trial scheduling conflicts. (Trending: Judge Announces Historic Ruling In Jeffrey Epstein Case)
“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,” wrote Special Counsel Smith in the filing.
“And not just any actions: alleged acts to perpetuate himself in power by frustrating the constitutionally prescribed process for certifying the lawful winner of an election,” he continued.
Adding, “The Nation has a compelling interest in a decision on respondent’s claim of immunity from these charges — and if they are to be tried, a resolution by conviction or acquittal, without undue delay.”
The former president’s lawyers argued that Smith “confuses the public interest with a partisan interest of his superior, President Biden.”
“The current potential trial date of March 4, 2024, falls the day before Super Tuesday, one of the most critical dates of the Republican primary calendar,” they wrote.
“Further, the Special Counsel’s insistence that this Court decide the immunity question ‘during its current Term,’ reflects the evident desire to schedule President Trump’s potential trial during the summer of 2024 — at the height of the election season,” they said.
Smith said the court does not “generally entertain arguments that were not raised below and are not advanced in this Court by any party.”
“Those actions can be taken only by persons properly appointed as federal officers to properly created federal offices,” read an amicus brief that was filed this week against Smith.
“Neither Smith nor the position of Special Counsel under which he purportedly acts meets those criteria,” it said.
The court could decide on Smith’s request at any time, and Trump’s case revolves around his challenge of the 2020 election and the Capitol incursion.
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