federal prosecutor asks Supreme Court to urgently rule on Trump’s immunity

This is an “exceptional request” in an “exceptional case”, believes the federal prosecutor.

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Donald Trump at the New York State Supreme Court, during the civil fraud trial against the Trump Organization, in New York, December 7, 2023. (EDUARDO MUNOZ ALVAREZ / AFP)

Federal prosecutor Jack Smith asked the US Supreme Court on Monday, December 11, to rule urgently on Donald Trump’s request for immunity, in order to prevent the ex-president from derailing the schedule of his trial for the election of 2020. The lawyers of the favorite of the Republican primaries are systematically demanding that his various trials be held as late as possible, after the presidential election of November 2024. Judge Tanya Chutkan, who will preside over the debates at the federal trial of Donald Trump for his alleged illicit attempts to reverse the result of the 2020 election, rejected his request for immunity on December 1, considering that no text protected a former president against criminal prosecution.

But his lawyers’ appeal, filed on December 7, “suspend the procedure” against him, said special prosecutor Jack Smith, who is investigating the case, in his request for direct referral to the Supreme Court. Gold, “if the appeal procedure proceeded according to the ordinary rhythm of the Court of Appeal, a final decision might not come for many months”while the trial is due to begin on March 4, 2024, he emphasizes. “It is fundamental to the public interest that the defendant’s request for immunity be resolved as expeditiously as possible – and if he does not have immunity, that he be tried in a fair and speedy trial.”, argues the special prosecutor. It’s about a “exceptional demand”he concedes, adding: “It’s an exceptional file”.

Accordingly, Jack Smith is asking the Supreme Court to take up the matter and schedule a hearing at short notice to hear the arguments of both parties in order to be able to rule by the end of its session, which ends on June 30th. “Although no precedent supports the defendant’s claim to criminal immunity as a former president, the State recognizes that this Court has never ruled” on this subject, he adds. At the same time, the prosecutor specifies that he is submitting a request for emergency review to the Court of Appeal, in the event that the nine judges of the Supreme Court, six appointed by Republican presidents and three by Democrats, reject his request.


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