WASHINGTON — Special counsel Jack Smith has asked the Supreme Court to step in immediately to decide whether former President Donald Trump has immunity from prosecution over his alleged role in attempting to overturn the 2020 election.
“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.
In the letter, Smith wrote it was “of imperative public importance” that the court decide so that Trump’s trial can move forward as quickly as possible without delay.
Hours after Smith filed his request Monday, the court said it would consider the request on an expedited basis.
“Petitioner’s motion to expedite consideration of the petition for a writ of certiorari before judgment is granted, and respondent is directed to file a response to the petition on or before 4 p.m. (EST) on Wednesday, December 20, 2023,” the court wrote.
Trump’s legal team filed its first motion to dismiss the case in October, claiming is his “absolute immunity” from prosecution for actions taken while serving as president.
D.C. District Judge Tanya Chutkan, overseeing Trump’s case, rejected the motion.
“The United States recognizes that this is an extraordinary request,” Smith’s filing says. “This is an extraordinary case.”
“Smith is willing to try for a Hail Mary by racing to the Supreme Court and attempting to bypass the appellate process,” a spokesperson for Trump said in a statement. “There is absolutely no reason to rush this sham to trial except to injure President Trump and tens of millions of his supporters.”
The court has a 6-3 conservative majority that includes three justices appointed by Trump. Smith’s entire case against Trump could come down to a landmark decision from the Supreme Court that could determine whether a former U.S. president can be prosecuted for actions taken while in office for the first time in history.
Trump has denied all wrongdoing.
