Special counsel Jack Smith is requesting the Supreme Court rule quickly on whether former President Donald Trump is immune from being prosecuted for "crimes committed while in office" or for matters he has been impeached but acquitted for.
Smith went directly to the high court in asking the question of whether Trump can be federally prosecuted as the former president seeks to avoid legal proceedings against him in federal court in Washington, D.C., on charges related to his alleged attempts to overturn the 2020 election. He is seeking to bypass the federal appeals court for Trump's appeal, going directly to the high court in an effort to keep the March 2024 trial date in place.
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"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 or is constitutionally protected from federal prosecution when he has been impeached but not convicted before the criminal proceedings begin," Smith wrote in the filing. "The district court rejected respondent's claims, correctly recognizing that former Presidents are not above the law and are accountable for their violations of federal criminal law while in office."
"Respondent's appeal of the ruling rejecting his immunity and related claims, however, suspends the trial of the charges against him, scheduled to begin on March 4, 2024," he continued.
In his request to go directly to the Supreme Court for resolution on the matter, Smith invoked the 1974 high court decision United States v. Nixon, which jumped from district court to the Supreme Court to decide on the privileges granted to the president.
"Precedent supports expeditious action. When the government sought certiorari before judgment in United States v. Nixon, 418 U.S. 683 (1974), a case presenting similarly consequential issues of presidential privilege, the Court granted the petition and resolved the constitutional question expeditiously so that trial could begin as scheduled," he wrote, adding that the quick decision allowed the trial to begin on schedule.
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"This case warrants similar action. As in Nixon, 'the public importance of the issues presented and the need for their prompt resolution' merit this Court's intervention now, without awaiting the completion of appellate proceedings," he added.
Smith's plea to the Supreme Court came after he argued the district court should not allow Trump's request to stay the proceeding until the presidential immunity matter was decided. The scheduled March 4, 2024, trial date is in the middle of the 2024 Republican presidential primary elections, occurring one day before Super Tuesday.