In new developments, special counsel Jack Smith has reached out to the Supreme Court to back a lower court’s decision opposing former President Donald Trump’s immunity from prosecution in a case concerning election subversion.
Smith is making a passionate plea to the Supreme Court to greenlight the trial without delay. He argues, “The charged crimes strike at the heart of our democracy,” according to CNN.
Smith’s request comes as a response to Trump’s emergency plea on Monday, seeking to pause proceedings while he appeals a DC Circuit decision denying him the ability to claim presidential immunity. Smith has submitted his reply ahead of the deadline, emphasizing his preparedness for a swift trial.
He further argues that Trump fails to meet the standard required to reverse the lower court’s ruling. Smith warns that any delay in resolving these charges could hamper the public’s desire for a speedy and fair judgment.
If the court grants a delay, Smith has asked for an expedited briefing and argument, with arguments scheduled for next month.
The timing of the Supreme Court’s decision on Trump’s request is crucial, given that a trial delay could work in Trump’s favor, especially since he is the leading candidate for the Republican presidential nomination.
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This case dates back to Trump’s attempts to overturn the 2020 presidential election results, which culminated in the Jan. 6, 2021, Capitol riot, as reported by Benzinga. A federal appeals court had previously ruled that Trump is not immune from prosecution for any crimes he may have committed while in office.
Trump’s legal team is striving to significantly expand presidential immunity, as per a Benzinga report. They are working on bolstering a Nixon-era memo from the Justice Department’s Office of Legal Counsel, which has shielded sitting presidents from prosecution for years.
Former White House attorney under the Trump administration, Ty Cobb, has expressed doubts about the Supreme Court considering Trump’s appeal, as reported by Benzinga.
Photo via Shutterstock.
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