Washington, DC – Special counsel Jack Smith has urged the Supreme Court to dismiss Donald Trump’s unprecedented claim of immunity from criminal prosecution in connection with alleged efforts to overturn the 2020 presidential election results. Smith argued that the President’s duty to uphold the law does not grant him the right to violate it.
The Supreme Court is set to review the case on April 25, determining the fate of Trump’s D.C. prosecution for allegedly obstructing Joe Biden’s victory. The delay caused by the court’s decision to entertain Trump’s immunity claim has drawn criticism, postponing the trial that was initially scheduled to start in early March.
Trump, the presumptive Republican nominee for the 2024 election, has been seeking to postpone the D.C. trial and other legal challenges until after a potential rematch with Biden. The court is expected to rule on the immunity issue before the term concludes in late June or early July, delaying any potential trial until at least the latter part of the summer or fall.
In addition to the immunity case, the Supreme Court will also examine the legality of a law used to charge hundreds in connection with the January 6, 2021, Capitol riot – a key aspect of the criminal charges Trump faces in D.C.
Smith denounced Trump’s claim of immunity as “radical,” arguing that no former president should be above accountability, even for severe crimes like murder or bribery. He emphasized the importance of upholding fair application of the law, including to ex-presidents, to maintain the integrity of the criminal justice system.
Trump is facing four felony charges related to the alleged plan to obstruct Biden’s victory, including conspiring to defraud the United States and obstructing a congressional proceeding. His legal team has petitioned the Supreme Court to overturn an appeals court ruling that allowed prosecution on these counts.
The U.S. Court of Appeals for the D.C. Circuit had rejected Trump’s argument that a president’s actions during their tenure are shielded from prosecution, emphasizing the accountability of executive power in recognizing and implementing election results.
The Supreme Court’s decision on the immunity matter will determine the extent to which a former president can be prosecuted for actions undertaken while in office. The possibility of the case being remanded for further litigation over the nature of Trump’s alleged activities could potentially delay the trial until after the upcoming election.