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Special Counsel Jack Smith on Monday asked the US Supreme Court to weigh in on Trump’s immunity claims.
In September Trump was hit with 4 counts in Jack Smith’s January 6 case up in DC: Conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against rights.
Jack Smith is fighting to keep the March 4 trial date (one day before Super Tuesday) in his January 6 case against Trump in DC.
Trump’s lawyers argued that Trump is immune from federal prosecution for alleged ‘crimes’ committed while he served as US President.
On Monday, Jack Smith skipped over the appellate court and went straight to the US Supreme Court on Trump’s immunity claims:
QUESTION PRESENTED
Whether a former President is absolutely immune
from federal prosecution for crimes committed while in
office or is constitutionally protected from federal prosecution when he has been impeached but not convicted
before the criminal proceedings begin.
“This case presents a fundamental question at the heart of our democracy: whether a former President is absolutely immune from federal prosecution for crimes committed while in office,” Smith wrote in the Monday filing.
Jack Smith is circumventing the appellate court and going straight to the US Supreme Court for one reason: To seek a conviction before the election.
Via constitutional expert Jonathan Turley:
“Special Counsel Jack Smith is now seeking to leapfrog the appellate court and ask for a ruling from the Supreme Court on Trump’s immunity claims. The only reason for this petition is to seek to guarantee a trial of Trump (and possible conviction) before the election,” Turley said.
Special Counsel Jack Smith is now seeking to leapfrog the appellate court and ask for a ruling from the Supreme Court on Trump’s immunity claims. The only reason for this petition is to seek to guarantee a trial of Trump (and possible conviction) before the election…
— Jonathan Turley (@JonathanTurley) December 11, 2023
“…The matter is currently before the D.C. Circuit which is viewed as a favorable court for Smith. However, Smith is trying to avoid any delay in the March trial date, set to begin the day before Super Tuesday…” Turley said.
…The matter is currently before the D.C. Circuit which is viewed as a favorable court for Smith. However, Smith is trying to avoid any delay in the March trial date, set to begin the day before Super Tuesday…
— Jonathan Turley (@JonathanTurley) December 11, 2023
“…The Supreme Court may not view a trial of Trump during the campaign to be as motivating or urgent as does Smith. This is a novel legal argument that the Court would ordinarily prefer to hear the views from the appellate judges,” Turley said.
…The Supreme Court may not view a trial of Trump during the campaign to be as motivating or urgent as does Smith. This is a novel legal argument that the Court would ordinarily prefer to hear the views from the appellate judges.
— Jonathan Turley (@JonathanTurley) December 11, 2023
In a filing on Sunday, Jack Smith’s prosecutors asked Obama-appointed Judge Tanya Chutkan not to delay the trial.
“In light of the public’s strong interest in a prompt trial, the Government will seek to ensure that the trial proceeds as scheduled,” Smith’s prosecutors wrote in a 3-page court filing on Sunday.
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