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Jack Smith: Halting Trump Election Case on ‘Presidential Immunity’ Not Justified by Supreme Court

Special Counsel Urges Supreme Court to Reject Trump’s Request for Case Pause Over ‘Presidential Immunity’

Special Counsel Jack Smith has swiftly advocated against the Supreme Court granting former President Donald Trump’s request to halt the prosecution, emphasizing the urgency of proceeding with the case before the upcoming election. In a notable turnaround, Smith contends that Trump’s claim of “presidential immunity” does not meet established standards, urging the court to prioritize a swift resolution for the sake of a fair and timely verdict.


Key Facts:

  • Trump sought a stay for the case on Monday, aiming to appeal a lower court’s decision that dismissed his immunity argument. The Supreme Court, in response, temporarily paused the case for at least a week.
  • Special Counsel Jack Smith vehemently opposed Trump’s request, citing the former president’s failure to meet established standards and emphasizing the potential hindrance to the public interest in a speedy and fair verdict if a delay is granted.
  • Smith, responding promptly to Chief Justice John Roberts’ request, urged the Supreme Court to expedite the case and issue a ruling as swiftly as possible. He specifically proposed hearing arguments next month, aiming for a resolution within the current term to enable the trial to proceed.

Surprising Fact:

  • Chief Justice John Roberts gave Special Counsel Jack Smith a full week to respond, but Smith submitted his response within a day. The speed at which the Supreme Court addresses Trump’s request is crucial, with expectations that a quick response from the special counsel aligns with the desire for an expedited resolution.

Crucial Quote: “The charged crimes strike at the heart of our democracy,” wrote Smith. “A President’s alleged criminal scheme to overturn an election and thwart the peaceful transfer of power to his successor should be the last place to recognize a novel form of absolute immunity from federal criminal law.”


Key Background:

  • Trump faces four charges related to allegations of conspiring to undermine the 2020 presidential election, to which he has pleaded not guilty. The former president’s claim of presidential immunity has been consistently rejected by district and appeals courts. U.S. District Judge Tanya Chutkan ruled in December that Trump’s previous presidential role does not exempt him from criminal accountability. While an appeals court panel affirmed her decision, the case has remained on hold as Trump appeals, leading to the postponement of a planned March trial. The Supreme Court’s decision on Trump’s request will significantly impact whether the trial resumes or remains paused, potentially stretching close to the 2024 election.