Trump urges Supreme Court not to intervene immediately on election interference immunity issue

WASHINGTON — Lawyers for Donald Trump on Wednesday asked the Supreme Court to avoid deciding for now the key issue of whether the former president has broad immunity from actions he took challenging the 2020 presidential elections result.

The court filing was in response to special counsel Jack Smith’s request last week asking the justices to circumvent the normal appeals court process and quickly decide the legal question, which looms large in Trump’s criminal prosecution in Washington for election interference.

Trump’s lawyers argued in the filing that Smith has given “no compelling reason” why the Supreme Court should immediately step in.

Smith, the lawyers wrote, “confuses the “public interest” with the manifest partisan interest in ensuring that President Trump will be subjected to a months-long criminal trial at the height of a presidential campaign where he is the leading candidate and the only serious opponent of the current administration.”

Now that the Supreme Court has Trump’s response, it could act within days on Smith’s request. In the meantime, the U.S. Court of Appeals for the District of Columbia Circuit has scheduled oral arguments for Jan. 9 on the same question.

The justices now have to decide whether to jump in now, meaning the appeals court would not have a chance to weigh in, or wait to see how the lower court handles the issue.

Timing is of vital importance, with the trial scheduled to begin in March and the 2024 presidential race, in which Trump is the leading candidate for the Republican nomination, heating up.

Earlier this month, Washington-based U.S. District Judge Tanya Chutkan, who is presiding over the election interference case, denied Trump’s motion to dismiss his indictment on presidential immunity and constitutional grounds, prompting Trump to appeal and ask for the case to be put on hold.

Trump’s lawyers argue in part that his role in questioning the result of the election was within the “outer perimeter” of his official responsibilities as president, a phrase that appears in a 1982 Supreme Court ruling about presidential immunity. Therefore, under Supreme Court precedent, he is immune from prosecution, the lawyers say.

They also say that the Senate’s acquittal of Trump following impeachment proceedings over his role in events that led to the Jan. 6 attack on the Capitol by his supporters while Congress was certifying President Joe Biden’s election win means that he cannot be separately prosecuted for the same actions.

Smith counters that Trump’s role in seeking to overturn the election was not part of his official responsibilities as president and that the Constitution’s language on impeachment allows for separate criminal proceedings.

A federal grand jury in Washington indicted Trump on four charges in August: conspiracy to defraud the U.S., conspiracy to obstruct an official proceeding, obstruction, and conspiracy against the right to vote and to have one’s vote counted. Trump pleaded not guilty at his arraignment hearing.

Prosecutors allege Trump used “dishonesty, fraud, and deceit” to subvert the 2020 election with “pervasive and destabilizing lies about election fraud.” Trump was indicted after an investigation that included testimony from dozens of White House aides and advisers ranging in seniority up to former Vice President Mike Pence.

The election interference case is one of four criminal prosecutions Trump is facing.

Leave a Reply

Your email address will not be published. Required fields are marked *

You May Also Like

WATCH: NYPD bodycam captures tense standoff after Bank of America exec fatally stabbed in Times Square

NYPD Bodycam Shows Standoff After Fatal Bank of America Exec Stabbing

Newly released NYPD body camera video captures officers urging Pamela Cisneros to…
Cornell frat member ratted out bros in alleged gang rape, attorney reveals as he claims key evidence lost forever

Cornell Frat Member Told on Brothers in Alleged Gang Rape, Lawyer Says

A Cornell University student who was repulsed by the allegations against his…
Gas prices are surging just before Labor Day, as diesel hits an all-time high

Trump Eyes U.S. Diesel Export Ban, Experts Warn of Higher Gas Prices

A temporary U.S. ban on diesel exports could bring immediate relief at…
Texas man arrested after 'intentionally' crashing into a closed Kroger to use bathroom: cops

Texas Man Arrested After Crashing Into Closed Kroger to Use Bathroom

A 60-year-old Texas man was arrested after police said he drove through…
‘Santa Clarita Karen’ forced to apologize as her business implodes

Santa Clarita Woman Apologizes as Business Faces Backlash

A California business owner known online as “Santa Clarita Karen” is speaking…
Texas man arrested after 'intentionally' crashing into a closed Kroger to use bathroom: cops

Texas Man Arrested After Allegedly Crashing Into Closed Kroger to Use Restroom, Police Say

A 60-year-old Texas man was arrested after allegedly driving through the front…
BASE jumper dies after falling from 700-foot Utah cliff

BASE Jumper Dies After Falling From 700-Foot Cliff in Utah

A 27-year-old BASE jumper died Sunday morning in Utah after plunging approximately…
NASA plans unpiloted Starliner test flight after astronauts got stuck at space station in 2024

NASA Plans Uncrewed Starliner Test After 2024 ISS Stranding

NASA and Boeing are targeting December or January for the launch of…
Theranos fraudster Elizabeth Holmes writes cryptic post from prison: 'The truth will set you free'

Elizabeth Holmes Shares Cryptic ‘Truth’ Message From Prison

Elizabeth Holmes has issued a cryptic message from prison, again maintaining that…
Former South Park writer creates 'Cornell 7' website to expose alleged gang rapists

Former South Park Writer Launches ‘Cornell 7’ Site Naming Alleged Gang Rapists

A former South Park writer has launched a website targeting seven Cornell…
Adventurer who blew life savings on California ghost town reveals how his gamble has gone

Adventurer Reveals Outcome of His Life Savings Gamble on a California Ghost Town

After spending more than $1 million to buy an abandoned California mining…
NTSB releases preliminary report on northwest Fresno, California plane crash that killed 4 Eady family members

NTSB Releases Preliminary Report on Fresno Plane Crash That Killed 4 Eady Family Members

FRESNO, Calif. — The National Transportation Safety Board has issued a preliminary…