Share this @internewscast.com

WASHINGTON — Special counsel Jack Smith on Monday asked the Supreme Court to immediately step in to decide whether former President Donald Trump has immunity from prosecution for his actions seeking to overturn the 2020 election.

“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 court filing.

Smith said it was “of imperative public importance” that the high court decide the question so that Trump’s trial, currently scheduled for March, can move forward as quickly as possible.

The Supreme Court decides which cases it hears, so it is not required to take up the case.

NBC News has reached out to Trump’s attorneys for comment on the special counsel’s filing.

On Dec. 7, U.S. District Court 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.

In order to prevent a delay, Smith is seeking to circumvent the appeals process by asking the Supreme Court to take up the case and decide the issue on an expedited basis.

Smith asked the court to order Trump to respond by Dec. 18 and then immediately act on his request. Under the timeline proposed by Smith, the court — if it decides to step in — could hear arguments and issue a ruling in a matter of weeks.

There is precedent for such an outcome, with Smith citing the 1974 U.S. v. Nixon case, in which the court ruled on an expedited basis that President Richard Nixon had to hand over tape recordings sought during the Watergate scandal probe. Nixon resigned soon after the ruling.

More recently, the court has on several occasions taken up cases at an early stage of litigation to decide issues of national importance, such as the Biden administration’s vaccine mandate for businesses and its plan to forgive student loan debt. The justices ruled against Biden in both cases.

The court has a 6-3 conservative majority that includes three justices appointed by Trump. But since he left office in January 2021, the court has not been receptive to filings brought by the former president, including over his separate legal fight concerning presidential documents he stored at his Mar-a-Lago home in Florida.

Trump’s lawyers argue 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, also involving Nixon, about presidential immunity. Therefore, under Supreme Court precedent, he is immune from prosecution, the lawyers say.

Smith disputes that argument, saying that the 1982 case, Nixon v. Fitzgerald, only concerned presidential immunity in a civil case. He also noted in the court filing that the long-held view of the Justice Department that the president cannot be prosecuted only refers to sitting presidents.

“Like other citizens, he is accountable for criminal conduct,” Smith wrote.

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 won by President Joe Biden with “pervasive and destabilizing lies about election fraud.” Trump was indicted after a sprawling investigation that included testimony from dozens of White House aides and advisors ranging in seniority up to former Vice President Mike Pence.

Trump is facing three other criminal cases but remains the frontrunner for the Republican presidential nomination.

Share this @internewscast.com
You May Also Like
Close-up photo of a woman with severe facial injuries.

Beauty Influencer Left ‘Disfigured’ Following Terrifying Home Invasion Involving Assault, Binding, and Bleach Dousing

A WOMAN was left “disfigured” after three men allegedly broke into her…
Chicago mass shooting: $10K offered for information after 18 shot, 4 killed in River North outside Artis, party for Mello Buckzz

Reward Offered After 18 People Shot, 4 Fatally, in River North Chicago Shooting Near Artis; $10K Offered for Tips

CHICAGO (WLS) — A reward is being offered for any information regarding…
Bay Street near Jacksonville's Maxwell House Coffee plant down to 1 lane

Traffic Reduced to Single Lane on Bay Street Near Maxwell House Coffee Plant in Jacksonville

A JEA spokesperson crews will be working Bay Street near the Maxwell…
'Love Island USA' star Cierra Ortega exits show after racist posts resurface

‘Love Island USA’ Contestant Cierra Ortega Departs Show Following Revival of Racist Social Media Posts

Not so lovely.  “Love Island USA” star Cierra Ortega, 25, made a…
A girl falling during a field day event while other girls watch.

Heartwrenching Videos Capture Kids Enjoying Camp Mystic – Before Singing Through Tears While Escaping Dangerous Floodwaters

HEARTBREAKING video shows girls having fun at Camp Mystic just days before…
Gavin Newsom swings through South Carolina, where Democrats will play pivotal 2028 nominating role

Gavin Newsom Visits South Carolina as Democrats Gear Up for Key 2028 Nominating Role

California Gov. Gavin Newsom is embarking on a two-day tour in South…
Chicago's bloody July Fourth weekend leaves 55 shot, 6 dead: report

Tragic July Fourth Weekend in Chicago: 55 Shot, 6 Killed

During a bloody Fourth of July weekend, more than 50 people were…
Parents' desperate chase foils Brooklyn kidnapper's sinister plot

Frantic Parents Thwart Brooklyn Child Kidnapping Attempt

An attempted kidnapper who snatched a 6-year-old from a bustling Brooklyn street…
Trump Moderate: Unraveling the Extremist Narrative

Trump the Centrist: Debunking the Radical Mythology

A recent New York Times opinion by Jamelle Bouie, dated July 2,…
The Galaxy Leader cargo ship escorted by small boats in the Red Sea.

Israel Launches Airstrikes on Hijacked British Ship Galaxy Leader Seized by Houthis in Major Assault on Terror Group

ISRAEL has bombed the hijacked Brit ship Galaxy Leader seized by Houthis…
Aerial view of a Costco Wholesale store.

Costco Urges Shoppers to Cease Use of Popular Beach Item Due to ‘Fingertip Amputation’ Risk

A POPULAR beach product has landed on Costco’s urgent recall list after…
A worker cleaning the hull of a large yacht.

Ferrari is creating a 100-foot yacht that can glide above the water without an engine

FERRARI is building a 100ft yacht that is able to “fly” over…