Twenty-two state attorneys general filed an amicus brief with the Supreme Court requesting a stay on the prosecution of former President Donald Trump by Special Counsel Jack Smith until the Court can rule on the question of presidential immunity.
They argued the sudden rush to prosecute Trump before the 2024 election raises suspicions of improper political motives and has damaged public trust in the justice system.
“Before a former President faces a federal criminal trial for the first time in our Nation’s history, this Court should decide whether such a trial is permitted by the Constitution,” the brief reads.
A stay is needed to ensure the constitutionality of the process and demonstrate that the DOJ is not acting to influence the election.
The brief cited comments by President Biden expressing opposition to Trump becoming president again as contributing to perceptions of impropriety regarding the timing of the prosecution.
“To say the least, the timing is suspicious, and it warrants explanation,” the brief adds. “But the United States has never offered one.”
“[T]iming a criminal prosecution to influence an election is no way to protect democracy, and it is not a legitimate end of law enforcement,” it reads.
“Contrary to the prosecution’s haste, the fact that the defendant is a former President is a reason to move carefully—to be sure the prosecution is constitutional from inception. And the fact that the defendant is potentially a future President is even more reason to ensure the appearance and reality of fairness,” the brief reads.
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