The special prosecutor in charge of the case against Donald Trump on federal charges that the former president tried to overturn his defeat in the 2020 elections asked the United States Supreme Court this Monday (11) to begin an accelerated review of the Republican’s claim that that he cannot be tried on these charges.
The Supreme Court said it will quickly review special prosecutor Jack Smith’s request, ordering Trump’s lawyers to respond to the request by December 20.
Trump appealed a Dec. 1 ruling by U.S. District Judge Tanya Chutkan that rejected his attempt to dismiss the case.
The judge found no legal basis for the position argued by Trump’s lawyers that former presidents cannot face criminal charges for conduct related to their official responsibilities.
It is rare for a prosecutor to ask the Supreme Court to intervene in a case before a lower appeals court rules, but Smith’s action reflects the urgency of the case ahead of the Nov. 5, 2024 election.
If re-elected, Trump could seek to issue himself a pardon for any federal crimes.
Smith told the Supreme Court in a written document that the “case presents a fundamental question at the heart of our democracy.”
Trump, who is leading the race for the 2024 Republican nomination to challenge Democratic President Joe Biden, claims that this case and three other criminal cases he faces are politically motivated.
The businessman’s appeal suspends the trial, which was scheduled to begin on March 4.
“It is of imperative public importance that claims of immunity [de Trump] be resolved by this court and that the trial proceed as quickly as possible if his immunity claim is rejected,” warned Smith.
The prosecutor also stated that Trump’s allegations are “profoundly mistaken”, adding that only the Supreme Court “can definitively resolve them”.
Three of the Supreme Court’s nine justices were appointed by Donald Trump, who has cemented a 6-3 conservative majority on the court.
Legal experts have said the former president’s lawyers could use his immunity requests and appeals to delay the trial, freeing the former president to campaign.
Prosecutors accused Trump of trying to obstruct Congress and defrauding the U.S. government through schemes to overturn his 2020 loss to Biden.
The former head of state has pleaded not guilty to these charges, as well as charges arising from three other ongoing criminal cases.
A spokesperson reiterated criticism of the indictment as politically motivated and added that Smith is rushing to the Supreme Court “trying to bypass the appeals process.”
The prosecutor asked the judges on Monday to decide whether a former president is absolutely immune from federal prosecution for conduct in office and “the effect, if any, that his acquittal in an impeachment trial has on that federal prosecution.” .
Chutkan, in rejecting Trump’s immunity claim earlier this month, wrote that becoming U.S. president “does not confer a free pass to stay out of jail for life.”
The judge also rejected Donald Trump’s argument that his indictment should be dismissed under “double jeopardy,” the legal principle that people cannot be charged twice with the same offense.
The former president claimed that his second impeachment trial — in which he was tried and acquitted by the Senate for inciting the mob that invaded the Capitol on January 6, 2021 — was equivalent to a criminal indictment for double jeopardy purposes.
Source: CNN Brasil
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