Former President Donald Trump's claims of presidential immunity against prosecution over his alleged 2020 election subversion attempts must have "immediate" examination by the Supreme Court, special counsel Jack Smith argued on Thursday.
Smith's filing at the Supreme Court came less than 24 hours after Trump filed a response urging the justices to reject the special counsel's petition for an expedited review over the former president's claims of executive immunity from the four-count criminal indictment.
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"The charges here are of the utmost gravity," Smith's office told the Supreme Court. "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. And not just any actions: alleged acts to perpetuate himself in power by frustrating the constitutionally prescribed process for certifying the lawful winner of an election. The Nation has a compelling interest in a decision on respondent's claim of immunity from these charges — and if they are to be tried, a resolution by conviction or acquittal, without undue delay."
In his Dec. 11 request to go directly to the Supreme Court for resolution of the matter, Smith invoked the 1974 high court decision in United States v. Nixon, which jumped from a district court to the Supreme Court to decide on the privileges granted to the president.
But Trump's lawyers rebuffed that argument on Wednesday, saying the government lacks jurisdiction to propel this matter directly to the Supreme Court in part because the U.S. Court of Appeals for the District of Columbia Circuit has yet to decide whether Trump has immunity. That court has teed up oral arguments for Jan. 9, but Smith contends that the appellate court's review is unnecessary.
The D.C. Circuit's "expedited schedule reflects the high importance of resolving this appeal rapidly. But only [the Supreme Court] can provide final resolution of the important constitutional issues raised," Smith's office wrote.
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Most notable is that Smith's team once again declined to explain specifically why the court's urgent consideration is needed beyond saying there is a "compelling interest" to the nation to resolve this matter by either conviction or acquittal through a jury trial sooner than later.
Trump has long sought to delay his proposed March 4 criminal trial date as far back as possible and wants to ensure that the D.C. Circuit weighs in on his immunity claim before letting the case ascend to the justices for a final verdict.