Special counsel Jack Smith’s team on Thursday asked the Supreme Court to rule quickly on former President Donald Trump’s claim that he enjoys immunity from charges related to the Jan. 6, 2021, Capitol riot.
Trump’s lawyers argued in a brief brief filed Wednesday that there was no reason for the high court to intervene in the appeal process, threatening to delay the scheduled start of the 77-year-old’s trial on March 4.
But Smith’s team responded Thursday that the issue demanded a “timely and final resolution” that only the judges could provide.
“The public interest in a prompt resolution of this case favors an immediate and final decision by this Court,” the prosecutors wrote in their brief.
“The charges here are of the utmost seriousness. “This case involves, for the first time in our nation’s history, criminal charges against a former president based on his actions while in office.”
Trump’s team has tried to get the courts to dismiss the four-count indictment against him for allegedly subverting the 2020 election, arguing that he cannot be charged for carrying out official duties as president.
Jack Smith wants the Supreme Court to expedite its review of Donald Trump’s presidential immunity claim. AFP via Getty Images
Earlier this month, U.S. District Judge Tanya Chutkan ruled against Trump, concluding that the 45th president was not entitled to a “lifetime get-out-of-jail-free pass.”
Trump’s team appealed the ruling to the D.C. appeals court, but Smith went directly to the high court with his initial Dec. 11 request for a quick ruling.
Chutkan has paused “any further proceedings that may move this case toward trial” amid the appeal.
Judge Tanya Chutkan is overseeing the 2020 election subversion case against Donald Trump. AP
“Only this Court can give the final say on his immunity defense,” Smith’s team wrote. “Certiorari before sentencing will allow the Court to establish a schedule for the presentation of briefs and arguments to ensure that the defendant’s claim of immunity is resolved as quickly as possible.”
Smith’s team further noted that “defendant agrees that the important constitutional issue in this case will require review by this Court.”
In Wednesday’s brief, Trump’s legal team argued that the matter had to be heard first in the appeals court.
Trump’s legal team wants the Supreme Court to wait to address the issue of presidential immunity. AFP via Getty Images
“In 234 years of American history, no president has ever faced criminal prosecution for his official actions. Until 19 days ago, no court had examined whether immunity from such prosecution exists,” they wrote.
“To date, no appeals court has addressed the issue. The issue is among the most complex, intricate and transcendental that this Court must decide.”
Trump’s team also argued that Smith’s office lacks standing to request that the Supreme Court expedite an appeal of a decision it won.
The Supreme Court is set to take on a handful of politically risky Trump-related issues over the next year. fake images
If the Supreme Court chooses not to expedite the challenge, Trump’s case could be delayed indefinitely while the question of immunity is decided.
Trump faces a total of 91 criminal charges in four cases. He has pleaded not guilty and has denied any wrongdoing in all of them.
On Tuesday, the Colorado Supreme Court disqualified Trump from the Republican Party primaries, a ruling his campaign also vowed to appeal to the Supreme Court.
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Source: vtt.edu.vn