SCOTUS Responds to Jack Smith’s Request for Expedited Ruling on Trump Immunity

On Monday, the Supreme Court indicated that it would expedite consideration of a petition by special counsel Jack Smith, on whether former President Donald Trump can be prosecuted on charges that he attempted to overturn the results of the 2020 election. 

The news comes just hours after Smith requested that the court step in to resolve the issue and prevent any delays that could push back the trial of the former president and 2024 Republican presidential primary front-runner until after next year’s presidential election. Trump’s trial is currently set to begin on March 4.

“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,” Smith wrote in the court filing, claiming that the decision was “of imperative public importance.”

The Trump campaign issued a statement, saying that Smith was attempting to interfere in the 2024 election. 

“As President Trump has said over and over again, this prosecution is completely politically motivated. There is absolutely no reason to rush this sham to trial except to injure President Trump and tens of millions of his supporters,” the statement said.

Earlier in December, U.S. District Judge Tanya Chutkan, who is presiding over the election interference case, denied a motion by Trump to dismiss the indictment, claiming presidential immunity and constitutional grounds. Trump then appealed the decision, asking for the case to be put on hold. 

Smith is attempting to circumvent the appeals process by asking the Supreme Court to take up the case and decide the issue on an expedited basis. 

Trump’s lawyers must respond to the motion by next Wednesday, December 20, the court ruled. The Supreme Court is next scheduled to consider such matters on Jan. 5, 2024.

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