Special counsel Jack Smith’s team asked the Supreme Court Thursday to quickly rule on former President Donald Trump’s claim that he enjoys immunity from charges in connection with the Jan. 6, 2021, Capitol riot.
Trump’s attorneys had contended in a brief Wednesday filing that there was no reason for the high court to intervene in the appellate process, which threatens to delay the scheduled start of the 77-year-old’s trial March 4.
But Smith’s team countered Thursday that the question demanded a “timely and definitive resolution” that only the justices could provide.
“The public interest in a prompt resolution of this case favors an immediate, definitive decision by this Court,” prosecutors wrote in their brief.
“The charges here are of the utmost gravity. This case involves—for the first time in our Nation’s history—criminal charges against a former President based on his actions while in office.”
Trump’s team has sought to get the courts to toss out the four-count indictment against him for alleged subversion of the 2020 election, arguing that he can’t be charged for carrying out official duties as president.
Earlier this month, US District Judge Tanya Chutkan ruled against Trump, finding the 45th president was not entitled to a “lifelong get-out-of-jail-free pass.”
Trump’s team appealed the ruling to the DC appeals court, but Smith went straight to the high court with his initial Dec. 11 request for a speedy ruling.
Chutkan has put “any further proceedings that would move this case towards trial” on pause amid the appeal.
“Only this Court can provide the final word on his immunity defense,” Smith’s team wrote. “Certiorari before judgment will allow the Court to set a schedule for briefing and argument to assure that respondent’s immunity claim will be resolved as expeditiously as possible.”
Smith’s team further stressed that the “respondent agrees that the important constitutional question in this case will require this Court’s review.”
In Wednesday’s brief, Trump’s legal team contended that the matter had to be heard by the appeals court first.
“In 234 years of American history, no president ever faced criminal prosecution for his official acts. Until 19 days ago, no court had ever addressed whether immunity from such prosecution exists,” they wrote.
“To this day, no appellate court has addressed it. The question stands among the most complex, intricate, and momentous issues that this Court will be called on to decide.”
The Trump team also argued that Smith’s office lacks standing to request the Supreme Court expedite an appeal of a decision that it won.
Should the Supreme Court opt against expediting the challenge, Trump’s case could be delayed indefinitely while the immunity question is decided.
Trump is facing a total of 91 criminal counts across four cases. He has pleaded not guilty and denied wrongdoing in all of them.
On Tuesday, the Colorado Supreme Court disqualified Trump from the GOP primary ballot — a ruling his campaign has also vowed to appeal to the Supreme Court.