The Supreme Court has agreed to consider a petition from special counsel Jack Smith concerning the federal election interference charges against former President Donald Trump. The special counsel is asking the justices to weigh in on whether or not the former president has immunity from being prosecuted.
The United States recognizes that this is an extraordinary request. This is an extraordinary case.
Special Counsel Jack Smith
In his petition, Smith asked the court to reach a ruling quickly before a federal appeals court has a chance to weigh in to prevent any delay from a trial date set for March 4.
“It is of imperative public importance that respondent’s claims of immunity be resolved by this court and that respondent’s trial proceed as promptly as possible if his claim of immunity is rejected,” Smith wrote, adding, “The United States recognizes that this is an extraordinary request. This is an extraordinary case.”
In October, Trump’s legal team filed a motion to dismiss the case, claiming the former president has “absolute immunity” from being prosecuted for actions allegedly committed while he was in office. The judge overseeing the case rejected Trump’s motion.
Trump’s lawyers notified the district court last week that he would be appealing and asked that the proceedings be paused.
Hours after Smith filed his petition, the Supreme Court agreed to consider the request on an expedited basis, giving Trump until Dec. 20 to submit a response.
In response to Smith’s petition, Trump’s team said the special counsel was trying for “a Hail Mary by racing to the Supreme Court and attempting to bypass the appellate process.”
Trump is facing four counts for alleging trying to overturn the results of the 2020 election. He has pleaded not guilty to all charges.