The Supreme Court is expediting a petition by special counsel Jack Smith regarding the prosecution of former President Donald Trump for allegedly plotting to overturn the 2020 election results.
The trial is set to begin in March, and Smith is seeking to prevent delays.
The Court has asked Trump’s lawyers to respond by December 20, and the next scheduled conference day for consideration is January 5, 2024.
Special counsel Jack Smith asks the Supreme Court to decide whether a former president is immune from prosecution for alleged crimes committed while in office.
This sets the stage for a historic ruling.
The Court has asked Trump's lawyers to respond by December 20…… pic.twitter.com/uZyW6e7PKc
— AnalyzingAmerica (@AnalyzAmerica) December 12, 2023
“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,” prosecutors wrote.
“There is absolutely no reason to rush this sham to trial except to injure President Trump and tens of millions of his supporters. President Trump will continue to fight for Justice and oppose these authoritarian tactics,” responded Trump’s campaign.
“Former Presidents enjoy no special conditions on their federal criminal liability,” wrote Judge Chutkan.
“Defendant may be subject to federal investigation, indictment, prosecution, conviction, and punishment for any criminal acts undertaken while in office.”
“The United States recognizes that this is an extraordinary request. This is an extraordinary case,” prosecutors wrote.
“The Court should grant certiorari and set a briefing schedule that would permit this case to be argued and resolved as promptly as possible.”
The case questions whether a former president is immune from federal prosecution for crimes committed while in office and whether Trump can be prosecuted for actions for which he was impeached but not convicted.
If the justices get involved, it would be the first time they rule on whether ex-presidents enjoy immunity from prosecution.
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