(Washington) Federal prosecutor Jack Smith, who is investigating the case against Donald Trump for his attempts to reverse the result of the 2020 US election, asked the Supreme Court on Monday to urgently rule on the request for immunity from the ex-president.
Judge Tanya Chutkan, who will preside over the proceedings at the federal trial of Donald Trump scheduled to begin March 4, 2024, rejected the 1er December his request for immunity, considering that no text protected the ex-president against criminal prosecution.
But the appeal by the lawyers of the favorite of the Republican primaries for the 2024 presidential election, filed on December 7, “suspends the proceedings” against him, indicates Jack Smith in his request for referral to the Supreme Court.
PHOTO SAUL LOEB, AGENCE FRANCE-PRESSE ARCHIVES
Special Prosecutor Jack Smith
However, “if the appeal procedure took place according to the ordinary rhythm of the Court of Appeal, a final decision might not come for many months,” he underlines.
It is fundamental to the public interest that the defendant’s motion 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.
Jack Smith, special prosecutor, in his motion
This is an “exceptional request”, he acknowledges, adding: “It is 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 arguments from both sides.
Donald Trump’s lawyers say he has “absolute immunity” for his actions while in the White House. They cite Supreme Court case law from 1981 concerning civil suits against former President Richard Nixon.
In her decision, Judge Chutkan notably concluded that this precedent did not apply to criminal proceedings against a former president.
In the campaign to retake the White House, Donald Trump attributes his legal troubles to the Democratic administration of President Joe Biden, whom he could find on his road in 2024 for a revenge of the 2020 election.