US seeks speedy Supreme Court review of Trump claim he is immune from
prosecution
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[December 12, 2023]
By Andrew Chung, John Kruzel and Andrew Goudsward
WASHINGTON (Reuters) -The U.S. special counsel prosecuting Donald Trump
on federal charges of trying to overturn his 2020 election defeat asked
the Supreme Court on Monday to launch a fast-track review of the former
president's claim he cannot be tried on those charges.
The Supreme Court said it would quickly review Special Counsel Jack
Smith's request, ordering Trump's lawyers to respond to the request by
Dec. 20.
Trump has appealed a decision by U.S. District Judge Tanya Chutkan on
Dec. 1 rejecting his bid to dismiss the case. The judge found no legal
support for the position argued by Trump's lawyers that former
presidents cannot face criminal charges for conduct related to their
official responsibilities.
It is rare for a prosecutor to ask the Supreme Court to intervene in a
case before a lower appeals court has already ruled, but Smith's move
reflects the urgency ahead of the Nov. 5 election. If reelected, Trump
could seek to pardon himself of any federal crimes.
Smith told the Supreme Court in a written filing that the "case presents
a fundamental question at the heart of our democracy."
Trump, the frontrunner for the 2024 Republican nomination to challenge
Democratic President Joe Biden, contends that this case and three other
criminal prosecutions he faces are politically motivated.
Trump's appeal suspends his trial, which was scheduled to begin on March
4. "It is of imperative public importance that (Trump's) claims of
immunity be resolved by this court and that (Trump's) trial proceed as
promptly as possible if his claim of immunity is rejected," Smith said.
Smith said claims by Trump are "profoundly mistaken," adding that only
the Supreme Court "can definitively resolve them."
Three of the nine justices were appointed by Trump, who cemented a 6-3
conservative majority on the court.
DELAY STRATEGY SEEN
Legal experts have said that Trump's attorneys could use his immunity
appeals to delay the trial, freeing him to campaign.
Prosecutors have accused Trump of attempting to obstruct Congress and
defraud the U.S. government through schemes to overturn his loss to
Biden in 2020.
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Former U.S. President and Republican presidential candidate Donald
Trump rallies with supporters at a "commit to caucus" event at a
Whiskey bar in Ankeny, Iowa, U.S. December 2, 2023. REUTERS/Carlos
Barria/File Photo
Trump has pleaded not guilty to these charges, as well as charges
stemming from three other ongoing criminal prosecutions. A Trump
spokesperson in an email Monday reiterated criticism of the
prosecution as politically motivated, saying, "Smith is willing to
try for a Hail Mary by racing to the Supreme Court and attempting to
bypass the appellate process."
Smith asked the justices on Monday to resolve whether a former
president is absolutely immune from federal prosecution for conduct
undertaken in office, and "the effect, if any, that his acquittal in
impeachment proceedings has on this federal prosecution."
Smith asked the court to fast-track the written submissions required
in the case, urging a Dec. 18 deadline for Trump to file a response
to his petition.
Chutkan, in rejecting Trump's immunity claim earlier this month,
wrote that attaining the office of U.S. president "does not confer a
lifelong 'get-out-of-jail-free' pass."
Chutkan also rebuffed Trump's argument that his prosecution should
be barred under "double jeopardy", the legal principle that people
cannot be charged twice for the same offense. Trump has claimed that
his second impeachment - in which he was tried and ultimately
acquitted by the Senate for inciting the mob that stormed the
Capitol on Jan. 6, 2021 - was tantamount to a criminal charge for
double-jeopardy purposes.
Trump may soon ask the justices to consider a second issue in the
election subversion case. Trump on Friday said he would appeal a
ruling from the U.S. Court of Appeals for the District of Columbia
Circuit largely upholding a gag order imposed by the trial judge
that limits Trump's statements about witnesses, prosecutors and
court staff involved in the case.
The Supreme Court last year rejected Trump's request to block the
release of White House records sought by the Democratic-led
congressional panel that was investigating the Jan. 6, 2021, attack
on the U.S. Capitol by his supporters.
(Reporting by Andrew Chung, John Kruzel and Andrew Goudsward;
Editing by Scott Malone and Lisa Shumaker)
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