Particular Counsel Jack Smith, the prosecutor main the federal election interference case towards former US President Donald Trump, urged the US Supreme Court docket on Wednesday to disclaim Trump’s request to increase a keep on trial court docket proceedings. Trump asked the court docket to remain trial proceedings on the case earlier than a DC district court docket on Monday in order that he may file additional appeals of a February 6 decision from the US Court docket of Appeals for the DC Circuit, which denied the previous president’s declare of “absolute” presidential immunity from the 4 legal prices towards him. Smith urged the court docket to reject Trump’s request for a keep and, if the court docket had been to agree to listen to an enchantment on the problem, to take action below an expedited schedule.
In help of his opposition to Trump’s request to additional lengthen a keep on trial court docket proceedings within the case, Smith cited to 2 arguments: (1) Trump can not present he has an opportunity of success in interesting his immunity declare to the Supreme Court docket, and (2) Trump can not “present that the stability of equities or the general public curiosity favors continued delay of the legal proceedings.”
Increasing upon his first argument, Smith pushed again towards Trump’s declare that he may “simply satisf[y] [the court’s] conventional components for granting a keep of the mandate.” Smith argued that Trump shall be unable to persuade the Supreme Court docket to help his declare of immunity and overturn the decrease court docket’s choices. Smith wrote:
The thorough opinions of the courts under contemplating and unanimously rejecting his arguments — and [Trump’s] failure to level to any Founding Period suggestion of such absolute immunity, any former President making such a declare, and even any scholarly commentary positing such immunity — underscore how distant the likelihood is that this Court docket will agree along with his unprecedented authorized place.
Smith additionally cautioned the court docket towards adopting Trump’s place on presidential immunity, writing that if the court docket had been to undertake such a place, “it might upend understandings about Presidential accountability which have prevailed all through historical past whereas undermining democracy and the rule of regulation.” Like Trump’s submitting, a number of the factors made all through Smith’s submitting echoed related assertions made by federal prosecutors earlier than the DC Circuit and in Smith’s previous request for the Supreme Court docket to take up the problem on expedited evaluate.
To his second argument, Smith targeted on the influence any additional keep may have on the American public. In doing so, Smith referred to the DC district court docket’s unique decision to schedule the trial for March 4, in order that the general public would preserve their “proper to a immediate and environment friendly decision of this matter.” Since Trump started pursuing appeals of District Decide Tanya Chutkan’s December 1, 2023, denial of his declare of immunity, trial proceedings have been indefinitely stayed.
Smith claimed that any additional delay within the trial proceedings would solely profit the previous president. Whereas Trump does have a proper to due course of, Smith asserted that these pursuits are outweighed by the federal government and American public’s “compelling curiosity in a immediate disposition of the case.” Increasing upon this argument, Smith mentioned:
Delay within the decision of those prices threatens to frustrate the general public curiosity in a speedy and honest verdict — a compelling curiosity in each legal case and one which has distinctive nationwide significance right here, because it entails federal legal prices towards a former President for alleged legal efforts to overturn the outcomes of the Presidential election, together with by using official energy.
Smith additionally famous that the court docket beforehand refused his request to take up Trump’s declare of immunity on an expedited schedule. “To the extent that the denial displays that this Court docket is just not inclined to evaluate [Trump’s] declare, no motive for a keep exists,” Smith mentioned.
Whereas the court docket didn’t give a motive for his or her earlier rejection of the enchantment, Smith additionally reasoned that the court docket could have wished the common appellate course of to play out by the DC Circuit. In that case, Smith requested that the court docket grant evaluate of the problem on an expedited schedule. The reasoning right here is two-fold: the general public curiosity Smith referenced earlier in his submitting and the truth that the court docket’s time period is shortly coming to an finish for the 12 months. Due to that, Smith requested the court docket to listen to oral arguments on the problem as quickly as March.
The court docket now has the chance to contemplate whether or not they may hear the problem. 4 of the 9 justices must agree they wish to hear the case to take up the enchantment.
