In the latest development, special counsel Jack Smith has appealed to the Supreme Court to uphold a lower court’s ruling that denies former President Donald Trump immunity from prosecution in an election subversion case.
What Happened: Smith urged the Supreme Court to allow the trial to proceed promptly. He contended, “The charged crimes strike at the heart of our democracy,” reported CNN
Smith’s appeal came in response to an emergency request by Trump on Monday, seeking to halt proceedings while he appeals a DC Circuit decision that denied him the ability to claim presidential immunity. Smith submitted his response ahead of the deadline, underlining his readiness to proceed to trial.
Smith also argued that Trump cannot meet the standard required to overturn the lower court’s ruling. He cautioned that any delay in resolving these charges could obstruct the public interest in a swift and fair verdict.
If the court orders a delay, Smith requested that the case be set for expedited briefing and argument, with the arguments taking place next month.
The timing of the Supreme Court’s decision on Trump’s request is crucial, as a delay in his trial could benefit Trump, who is the front-runner for the Republican presidential nomination.
Why It Matters: This case has its roots in Trump’s efforts to overturn the 2020 presidential election results, leading to the Jan. 6, 2021, Capitol riot, as per a Benzinga report. A federal appeals court had earlier ruled that Trump is not immune from prosecution for crimes he may have committed while in office.
Trump’s legal team has been strategizing to significantly amplify presidential immunity, according to a Benzinga report. They are endeavoring to augment a Nixon-era memo from the Justice Department's Office of Legal Counsel, which has been a protective shield against the prosecution of sitting presidents for years.
Former White House attorney under the Trump administration, Ty Cobb, expressed skepticism about the Supreme Court taking up Trump's appeal, as reported by Benzinga.
Photo via Shutterstock.
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