Supreme Court Responds to Special Counsel’s Request Regarding Trump’s Claim of Immunity

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by Emmitt Barry, Worthy News Correspondent

(Worthy News) – On Monday, the U.S. Supreme Court directed former President Donald Trump to submit a response to special counsel Jack Smith’s request for an expedited decision regarding the defense’s appeal to claim presidential immunity for the charges Trump faces regarding his alleged efforts to overturn the 2020 presidential election results.

The order states, “Petitioner’s motion to expedite consideration of the petition for a writ of certiorari before judgment is granted.” President Trump has until December 20 to provide his response.

In September, former President Trump faced four charges in the January 6 case led by Jack Smith in Washington D.C.: Conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of an attempt to obstruct an official proceeding, and conspiracy against rights.

The prosecutors ask the Court to decide “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.”
The special counsel team contended that the legal approach of the Trump legal team in the appellate court is now risking the March 4, 2024, trial date. This date is significant as it falls a day before Super Tuesday, and it’s for a lawsuit related to the events of January 6 against Trump, who is also the leading Republican presidential candidate.
“This matter was just filed before the D.C. Circuit, and then he decided that he wanted to leapfrog over the Court of Appeals and go directly to the Supreme Court,” George Washington University professor Jonathan Turley told Fox News on Monday.
“The only reason for that is that he is really focused entirely on trying Trump during this campaign and trying to convict him before the election,” Turley added.
“If Trump wins, he can pardon himself and then Smith will never see a jury in this case,” he said. “I mean, so if Trump does prevail in the election, if he’s not convicted at that point, he can give himself a preemptory pardon. He doesn’t have to wait for the trial,” Turley concluded.
Legal analysts have highlighted that, given the extensive evidence involved in the case – over 11 million pages of documents, hundreds to thousands of hours of video and audio, and numerous witnesses – the expedited trial date is seen as a potential infringement on the Sixth Amendment rights of the former President. This amendment guarantees the right to effective legal counsel, including sufficient time to prepare for trial. Consequently, analysts suggest that the trial date set before March 4, 2024, is unlikely to proceed as planned.
President Trump’s legal team has filed numerous motions to dismiss the charges against him, citing constitutional grounds, statutory bases, presidential immunity, and claims of malicious prosecution. While some of these arguments are considered tenuous, legal experts have seen others as compelling.
The Supreme Court is scheduled to meet next on January 5, 2024.
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