Special counsel Jack Smith asked the Supreme Court on Monday to consider whether former President Trump is immune from prosecution in his 2020 election case.
Smith he asked justices to take up Trump's case before a ruling is reached in lower courts to consider the former president's claim that he is immune from prosecution. District Court Judge Tanya Chutkan declined to throw out Trump's case based on presidential immunity in early December.
“It is of imperative public importance that this Court resolve the defendant's immunity claims and that the defendant's trial proceed as expeditiously as possible if his immunity claim is denied,” Smith told the court
“Respondent's claims are deeply flawed, as the district court held,” he continued. “But only this Court can resolve them definitively.”
The trial to consider Smith's charges against Trump stemming from his alleged effort to overturn the 2020 election is currently underway scheduled begin in district court on March 4.
Smith wrote that the United States “recognizes that this is an extraordinary request.”
“This is an extraordinary case,” the petition states. “The Court should grant certiorari and establish a briefing schedule that would allow this case to be argued and resolved as soon as possible.”
to pinch he wrote on Dec. 1 that the presidency does not “confer a lifetime 'get out of jail free' pass.”
“Former presidents do not enjoy special conditions on their federal criminal liability,” he wrote.
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