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Supreme Court Requested to Rule on Trump’s Immunity in Jan. 6 Case

On Monday, Special Counsel Jack Smith requested the Supreme Court to review former President Trump’s federal case regarding the 2020 election. Smith emphasized the need for a swift decision on Trump’s claim of presidential immunity to ensure the trial, set for March 4, remains on schedule.

Trump is challenging the case, based on a four-count indictment related to alleged conspiracies to overturn the 2020 election results, by asserting his immunity as a former president. Following a lower court’s dismissal of this defense, Trump appealed to the D.C. Circuit Court of Appeals last week.

However, Smith is advocating for the Supreme Court to intervene before the D.C. Circuit makes its decision, highlighting the urgency of resolving Trump’s immunity claim. Smith’s filing stressed the significance of proceeding with the trial promptly if Trump’s immunity argument is overruled.

This case is notable as it could potentially delay Trump’s trial, the first among his four criminal cases. Prosecutors have acknowledged Trump’s right to contest the immunity issue and double jeopardy claims, stemming from his Senate impeachment trial acquittal, before the trial begins.

Trump also seeks to halt the trial court’s progress until his appeal is settled. Prosecutors contend that Trump is strategically delaying the case, possibly aiming to extend it past the 2024 election.

Additionally, Smith has asked the Supreme Court to not only consider taking up the case but also to expedite their review if they do. The crux of the case, as Smith points out, is whether a former President can be completely immune from federal prosecution for offenses committed while in office, and if constitutional protection applies post-impeachment but prior to criminal proceedings.

Trump is simultaneously contesting a gag order that prohibits him from publicly criticizing witnesses, court staff, and prosecutors, except for Smith. After a partial denial of Trump’s challenge to the gag order by a D.C. Circuit panel, he now has the option to appeal further to either the full D.C. Circuit or the Supreme Court.