Jack Smith and Trump Encourage Supreme Court to Consider Case as a Landmark in the Nation’s History

Special counsel Jack Smith urged the U.S. Supreme Court to expedite the review of former President Donald Trump’s cases, highlighting the gravity of the charges and the compelling national interest. This comes after Trump opposed the request on the grounds that such issues are being brought up for the first time in the country’s history and the case should be slowed down. Prosecutors emphasized that criminal charges against a former President based on his actions while in office are unprecedented and essential for the nation to weigh in on. They sought to review a key defense as soon as possible, and this timeline can potentially allow trial proceedings to begin in March 2024.

The Supreme Court was asked to consider whether a former president can be prosecuted for criminal acts committed while in office. Defense attorneys argued if the former president can be prosecuted for official acts of duty. This question is crucial for President Trump’s bid to dismiss the case. The countdown began after U.S. District Court Judge Tanya Chutkan rejected a motion to dismiss based on presidential immunity, and proceedings will stay until the Supreme Court makes a decision.

The “absolute immunity” established by the Supreme Court outlined in the 1982 Nixon v. Fitzgerald case provides presidents with immunity from civil suits, extending to the “outer perimeter” of their duties. However, this does not protect presidents or former presidents from criminal prosecution, and prosecutors insist that only the Supreme Court can provide the final word on the immunity defense.

President Trump’s extensive arguments reframing the question at hand did not rebut the request for a review by the high court. Prosecutors argued that President Trump’s defense sought exceptional delays, including a request for an April 2026 trial date. They pointed to the importance of resolving the appeal rapidly and the risk of shortening the Supreme Court’s deliberation time if the case must be settled this term.

The appeals court’s willingness to proceed on an expedited schedule was also emphasized, and prosecutors argued that only the Supreme Court can provide the final resolution required in this term. They highlighted the separations-of-powers issue and stated that the high stakes involved indicate the former President will stand trial, which is scheduled to begin in less than three months.

In summary, special counsel Jack Smith is urging the Supreme Court to expedite the review of President Trump’s cases, framing the gravity of the charges and the national interest as crucial reasons. Meanwhile, President Donald Trump has opposed the request, citing the groundbreaking nature of the issues raised as grounds to slow down the case. Prosecutors emphasized that only the Supreme Court can provide the final resolution required this term, and the situation is a pivotal moment in history that will determine whether the former President will stand trial in the coming months.

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