Federal prosecutor Jack Smith asked the US Supreme Court on Monday, December 11, to rule urgently on Donald Trump’s request for immunity, in order to prevent the ex-president from derailing the schedule of his trial concerning the 2020 election. The lawyers of the favorite of the Republican primaries systematically demand that his various trials be held as late as possible, and in any case after the presidential election, scheduled for November 2024.
Judge Tanya Chutkan, who will preside over proceedings in Donald Trump’s federal trial over his alleged unlawful attempts to overturn the outcome of the 2020 election, dismissed the 1er December his request for immunity, considering that no text protected a former president against criminal prosecution.
But his lawyers’ appeal, filed on December 7, “suspends the procedure” against him, says special prosecutor Jack Smith, who is investigating the case, in his request for direct referral to the Supreme Court. Gold, “if the appeal procedure proceeded according to the ordinary rhythm of the court of appeal, a final decision might not come for many months”while the trial is due to begin on March 4, 2024, he emphasizes.
“An exceptional file”
“It is fundamental to the public interest that the defendant’s request for immunity be resolved as expeditiously as possible – and if he does not have immunity, that he be tried in a fair and speedy trial.”, argues the special prosecutor. It’s about a “exceptional demand”he concedes, adding: “This is an exceptional file. »
Consequently, Jack Smith asks the Supreme Court to take up the matter, and to schedule a hearing at short notice to hear the arguments of both parties, in order to be able to rule by the end of its session, which ends on June 30. “Although no precedent supports the defendant’s claim to criminal immunity as a former president, the State recognizes that this Court has never ruled” on this subject, he adds.
At the same time, the prosecutor specifies that he is submitting a request for emergency review to the court of appeal, in case the nine judges of the Supreme Court, six appointed by Republican presidents and three by Democrats, reject his request. Donald Trump’s lawyers say he enjoys a “absolute immunity” for his actions while in the White House. They cite Supreme Court case law from 1981 concerning civil suits against former President Richard Nixon.
They also argue that due to his acquittal during the parliamentary impeachment proceedings against him for the assault on the Capitol on January 6, 2021, by hundreds of his supporters trying to prevent the certification of Joe Biden’s election , he cannot be judged for his maneuvers aimed at reversing the results.
“The divine right of kings”
In her decision, Judge Chutkan concluded that the Nixon precedent did not apply to criminal proceedings against a former president, and that impeachment proceedings do not constitute a criminal trial. “The defendant’s four years as commander-in-chief did not confer on him the divine right of kings to escape the criminal responsibility to which his fellow citizens are subject”she said.
Donald Trump is also being prosecuted by the Georgia state courts for related acts of electoral interference, and will also have to answer in federal court for his alleged negligent handling of confidential documents after his departure from the White House.
Campaigning to retake the White House, Mr. Trump attributes his legal troubles to the Democratic administration of President Joe Biden, whom he could find on his way in 2024 for a revenge of the 2020 election.