Twenty-two state attorneys general filed an amicus brief with the Supreme Court requesting a stay on the prosecution of Donald Trump by Special Counsel Jack Smith until the Court rules on whether the trial is permitted by the Constitution.
The brief argues that Smith’s rush to prosecute Trump before the 2024 election raises suspicions of political motivation and questions the integrity of 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 states.
A stay is needed for the Court to determine if sitting presidents have immunity from prosecution for alleged crimes committed while in office.
The brief also questions why the DOJ waited over two years to bring charges related to Trump’s actions surrounding the 2020 election results.
“To say the least, the timing is suspicious, and it warrants explanation,” the brief reads. “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,” the brief adds.
They assert slowing down the process is necessary to ensure constitutional compliance and public confidence given Trump’s potential candidacy in 2024.
“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.
The states argue that as a former and possibly future president, Trump deserves a fair and careful process free from any appearance of political interference.
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