His decision was expected. Special prosecutor Jack Smith, who is prosecuting the federal case against Donald Trump for illegally trying to overturn the results of the 2020 election, asked the US Supreme Court on Wednesday (February 14) not to stay an appeal ruling denying to the ex-president any criminal immunity.
A federal appeals court on February 6 dismissed the criminal immunity invoked by Donald Trump, reopening the way for his trial in Washington. But the Republican primary favorite asked the Supreme Court on Monday to suspend this decision. John Roberts, the president of the court, with a conservative majority, had given the prosecution until February 20 to respond to this request, but Jack Smith did so on Wednesday.
Recalling that all procedural acts in this criminal case have already been suspended by Donald Trump’s appeal, he asserts that the former US president “has no right to further suspension while he seeks to obtain a seizure of the case by the Supreme Court”.
Further delaying the trial would undermine “the public interest in a speedy and fair verdict,” writes Jack Smith, emphasizing the “unique national importance of this criminal case,” in which a former president is “criminally prosecuted for attempting to maintain power by preventing the rightful winner of the election from taking office.” Initially scheduled for March 4, Donald Trump’s trial was postponed indefinitely by Judge Tanya Chutkan, who will preside over the proceedings, due to the appeal.
That “the trial can be held”
Recalling that, contrary to his request, the Supreme Court had refused in December to take up this question directly, the special prosecutor invites it to reject both Donald Trump’s request for suspension and that of examining the file.
If, however, the Court now chooses to take it up, Jack Smith urges it to do so according to an accelerated timetable so that in the event of confirmation of the rejection of Donald Trump’s criminal immunity, “the trial can be held with reduced additional time”.
The ex-president’s defense claims “absolute immunity” for his actions committed while he was in the White House. “For the purposes of this criminal case, former President Trump has become Citizen Trump, with the same protections as any other defendant. But any immunity under the executive power, which could have protected him when he was president in office, no longer protects him against these prosecutions,” wrote the three appeals judges in their unanimous decision, confirming the one pronounced in December at first proceeding by Judge Chutkan.
Targeted by four separate criminal proceedings, Donald Trump is seeking through his multiple appeals to go to trial as late as possible, in any case after the presidential election on November 5.
