His decision was expected. Special prosecutor Jack Smith, who is investigating the federal case against Donald Trump for illegally trying to overturn the results of the 2020 election, asked the US Supreme Court on Wednesday February 14 not to suspend an appeal decision denying to the ex-president any criminal immunity.
A federal appeals court dismissed the criminal immunity invoked by Donald Trump on February 6, reopening the way for his trial in Washington. But the Republican primary favorite asked the Supreme Court on Monday to suspend this decision. John Roberts, the president of the court, with a conservative majority, had given the prosecution until February 20 to respond to this request, but Jack Smith did so on Wednesday.
Recalling that all procedural acts in this criminal case have already been suspended by the appeal of Donald Trump, he affirms that the former American president “has no right to further suspension while he seeks to have the matter seized by the Supreme Court”.
Further delaying the trial would undermine “the public interest in a quick and fair verdict”writes Jack Smith, highlighting the“unique national importance of this criminal case”in which a former president is “criminally prosecuted for attempting to maintain power by preventing the legitimate winner of the election from taking office”. Initially scheduled for March 4, Donald Trump’s trial was postponed indefinitely by Judge Tanya Chutkan, who will preside over the proceedings, due to the appeal.
That “the trial can be held”
Recalling that, contrary to his request, the Supreme Court had refused in December to take up this question directly, the special prosecutor invites it to reject both Donald Trump’s request for suspension and that of examining the file.
If, however, the Court now chooses to take up the matter, Jack Smith urges it to do so according to an accelerated timetable so that in the event of confirmation of the rejection of Donald Trump’s criminal immunity, “the trial can be held with a reduced additional period”.
The ex-president’s defense claims “absolute immunity” for his actions while in the White House. “For the purposes of this criminal case, former President Trump has become Citizen Trump, with the same protections as any other defendant. But any executive immunity that might have protected him when he was president in office no longer protects him from these prosecutions.”wrote the three judges of appeal in their unanimous decision, confirming that pronounced in December at first instance by Judge Chutkan.
Targeted by four separate criminal proceedings, Donald Trump is seeking through his multiple appeals to go to trial as late as possible, in any case after the presidential election on November 5.