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Forbes
Forbes
14 Feb 2024


Special Counsel Jack Smith urged the Supreme Court to let the prosecution of former President Donald Trump move forward, opposing Trump’s bid to pause the case based on “presidential immunity”—marking a quick turnaround for Smith, who is fighting the clock to bring Trump’s case to trial before the election.

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Smith is overseeing the case against Trump. (Photo by SAUL LOEBEVA MARIE UZCATEGUI/AFP via Getty ... [+] Images)

AFP via Getty Images

Smith wrote Trump’s request for a stay should be denied because of the former president’s “failure to meet [the Supreme Court’s] settled standards,” adding a delay of Trump’s election case “threatens to frustrate the public interest in a speedy and fair verdict.”

Smith was responding to Trump’s request Monday to put the case on hold while he appeals a lower court ruling that tossed out his immunity argument—leading the Supreme Court to pause the case for at least a week.

If the court decides to take up Trump’s case, Smith pushed the court to expedite the case and issue a ruling on it “as promptly as possible.”

The special counsel asked the high court to hear arguments in the case next month, allowing it to resolve the issue in its current term so the trial can proceed.

Smith submitted his response one day after Chief Justice John Roberts requested it, even though Roberts gave the special counsel a full week to do so.

The speed at which the Supreme Court sorts Trump’s request is a major factor in the case against the former president, which will remain on hold until the court rules to reject Trump or schedules oral arguments for the case and issues a decision later.

Smith’s quick response fell in line with expectations from legal experts, who said Tuesday the special counsel would likely file it soon in hopes of getting the court to rule faster.

This story is developing. Check back for updates.