Trump Urges Supreme Court to Decline Special Counsel and Postpone Ruling on Immunity Dispute
Trump urges Supreme Court to reject special counsel's plea for immediate decision on his immunity from prosecution for alleged crimes while in office Lawyers argue against interference in ongoing dispute, according to court documents
Donald Trump is opposing the special counsel's request for the Supreme Court to make an immediate decision on whether he has immunity from federal prosecution for alleged crimes committed during his time in office. This decision needs to be made before the trial, currently set for March 4.
Last week, special counsel Jack Smith asked the high court to review a lower court ruling that Trump, as a former president, is not immune from the criminal case. Smith appealed to the justices to review the issue before a federal appeals court in Washington, DC, makes a decision.
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The outcome of the 2024 election could be determined by the Supreme Court, and here's why. Trump, whose legal approach has focused on delaying the process, has argued that the issue should not skip over the US Court of Appeals for the DC Circuit. In a filing on Wednesday, his attorneys emphasized the need to slow down the litigation on important matters.
"The Special Counsel is urging this Court to bypass standard procedures and rush to make a decision on the issues. Trump's attorneys argue that the Court should decline this invitation at this time for several reasons. With Trump's filing now complete, the justices could announce at any time whether they will hear the case. Even if they decline to hear it before the DC Circuit weighs in, it is likely that the case will come before them again soon, as the appeals court has said it will expedite its review of the matter."
According to Steve Vladeck, a Supreme Court analyst for CNN and a professor at the University of Texas School of Law, the focus of former President Trump's opposition is on the timing of the Court's review, rather than the inevitable decision of whether he is immune from criminal prosecution. Vladeck also noted that the Supreme Court has increasingly utilized expedited reviews in recent years, including at the request of then-President Trump, and ultimately the decision comes down to whether the justices want to resolve the issue now or wait until after the court of appeals has ruled.
On November 13, 2023, passersby can be seen walking past the US Supreme Court in Washington, DC. In response to a series of scandals involving extravagant gifts and luxury vacations received by some of its justices, the US Supreme Court has revealed an ethics code. The nine members of the nation's highest court have been the only federal judges not explicitly subject to ethical oversight, but pressure from Senate Democrats has been mounting for them to adopt a code of conduct. (Photo by Mandel NGAN / AFP) (Photo by MANDEL NGAN/AFP via Getty Images)
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In their filing, Trump's attorneys pointed out that the appeals court has already approved a fast-track review of the issue. They argued that following the regular appeals process will give the D.C. Circuit the opportunity to address the appeal first, providing the court with the advantage of having an appellate court's prior consideration of these historic topics and carrying out the traditional filtering function that the Court has always preferred. Trump's team emphasized that while speed is important, it should not take precedence over the outcome.
Trump's attorneys stressed the need for caution, rather than rushing, in handling a case that is caught up in a political dispute. They emphasized that importance does not always require quick action, especially when dealing with novel, complex, sensitive, and historic issues, such as the question of presidential immunity from criminal prosecution for official acts.
Earlier this month, Trump's team requested the appeals court to review the immunity ruling issued by district Judge Tanya Chutkan, who is presiding over his criminal case. Last week, Chutkan temporarily halted all procedural deadlines in the case while the appeal is ongoing. Additionally, prosecutors also asked the court to determine whether Trump is protected by double jeopardy, as his defense lawyers argue that he cannot be criminally tried for the same alleged actions after being acquitted by the Senate during his impeachment trial.
Smith's legal team emphasized the vital public importance of resolving the respondent's claims of immunity and urged the Supreme Court to proceed with the trial promptly if the immunity claim is rejected. The filing asserts that the respondent's claims are fundamentally flawed, as affirmed by the district court, and emphasizes the need for the Supreme Court to definitively resolve the matter.
This story has been updated with additional details.
