In a surprising move on Monday, Special Counsel Smith bypassed the D.C. Circuit Court of Appeals and urged the U.S. Supreme Court to promptly decide whether Donald Trump is still shielded from prosecution under presidential immunity.
In reaction, the Trump campaign criticized Smith, characterizing his unconventional Supreme Court intervention as a “deranged” and desperate “Hail Mary” attempt.
Smith’s objective is to maintain the momentum of prosecuting the 45th president, ensuring a trial before the 2024 election, as reported by The Hill.
The crux of the matter revolves around Trump’s assertion that he retains immunity from prosecution for actions related to his presidency. Contrarily, Smith and D.C. District Judge Tanya Chutkan, appointed by Obama, contend that Trump’s immunity ceased simultaneously with his presidency in January 2021.
In the federal case concerning Trump’s alleged interference in the 2020 election, his legal team previously filed a motion to dismiss based on the argument that he still enjoyed presidential immunity. However, Judge Chutkan rejected the motion, emphasizing that Trump’s prior presidential immunity doesn’t amount to a perpetual “get-out-of-jail-free” privilege.
In response to this decision, Trump’s attorneys appealed to the D.C. Circuit Court of Appeals, seeking a suspension of the entire case until the appeals court rendered a decision — a move likely to delay the scheduled March 2024 trial.
In a bold and evidently partisan maneuver aimed at preserving the original trial timeline, Special Counsel Smith circumvented the D.C. Circuit Court. He filed an emergency petition directly with the Supreme Court on Monday, seeking expedited consideration and a swift ruling on the question of Trump’s claimed immunity.
Reacting to Special Counsel Smith’s actions, an unnamed spokesperson for the Trump campaign issued the following statement:
“Crooked Joe Biden’s henchman, Deranged Jack Smith, is so obsessed with interfering in the 2024 Presidential Election, with the goal of preventing President Trump from retaking the Oval Office, as the President is poised to do, that Smith is willing to try for a Hail Mary by racing to the Supreme Court and attempting to bypass the Appellate Process.”
“‘Deranged’ may need to be reminded that the Supreme Court has not been kind to him, including by handing down a rare unanimous rebuke when the Court overturned him 8-0 in the McDonnell case,” the statement continued.
“As President Trump has said over and over again, this prosecution is completely politically motivated.
“It is an unprecedented attack against Crooked Joe Biden’s Political Opponent — Banana Republic style!”
“There is absolutely no reason to rush this Witch Hunt to trial, except to injure President Trump and his 150 million, at least, supporters,” the spokesperson added.
“President Trump will continue to fight for Justice and oppose these authoritarian tactics.”
According to SCOTUSblog, Special Counsel Smith acknowledged in his petition that he was making an unusual request in what he considered to be an extraordinary case. He argued that the Supreme Court should allow him to bypass the usual appellate process and swiftly make a final decision on the issue of President Trump’s presidential immunity.
Smith urged the high court not to wait for the appeals court’s usual proceedings but to expedite the case. He requested that the court receive briefs, hear arguments within weeks, and issue a final opinion as soon as possible to adhere to the initial March 2024 trial start date.
Reportedly, Smith’s unconventional move succeeded, as the Supreme Court agreed Monday night to take up and fast-track the issue. The justices granted Trump’s attorneys until December 20 to file a response to Smith’s petition. However, it remains unclear if additional briefs will be required or when oral arguments and a final decision may occur.
There is no guarantee that the Supreme Court will rule in Smith’s favor or issue a final decision at this point. The majority could decide that Trump’s claimed immunity should be fully addressed by the circuit court through normal litigation proceedings, potentially causing a delay in the scheduled trial start date.
