Former President Trump is asking the Supreme Court to extend a trial delay stemming from the 2020 election interference case brought by special counsel Jack Smith, arguing that he has presidential immunity to protect him from prosecution.
Trump’s lawyers on Monday afternoon filed an emergency appeal with the Supreme Court just days after the D.C. Court of Appeals ruled that the former president and 2024 GOP front-runner is not immune from prosecution in the Smith case.
Trump is not immune from prosecution in 2020 election case, federal appeals court rules
The request is for temporary relief, staying or blocking the appeals court’s mandate from taking effect, which would give Trump’s legal team more time to file an appeal with the Supreme Court on the issue of whether the former president deserves immunity from criminal prosecution for his crimes. actions while in office.
The trial stemming from Smith v. Trump is on hold pending resolution of the immunity issue.
The Department of Justice may request expedited consideration of this initial emergency appeal.
“If impeachment of a president is upheld, such prosecutions will become more frequent and increasingly common, leading to destructive cycles of recrimination,” the motion said. “Criminal prosecution, with its greater stigma and harsher penalties, imposes a far greater ‘personal vulnerability’ on the president than any civil penalty.”
“The threat of future criminal prosecution by a politically opposed administration will overshadow every official action of a future president — especially the most politically controversial decisions,” the motion adds.
The request states that “political opponents of the President will seek to influence and control his decisions by effective blackmail or the threat, expressly or implicitly, of indictment by a hostile future administration, for acts that do not warrant any such prosecution.” “.
“This threat will hang like a millstone around the neck of every future president, distorting presidential decision-making, undermining the president’s independence, and clouding the president’s ability to fearlessly and impartially handle the duties of his office.”
Trump’s lawyers added: “Without immunity from criminal prosecution, the presidency as we know it would cease to exist.”
Trump’s impeachment trial in a case stemming from Special Counsel Jack Smith was postponed in January. 6 investigation
A Trump spokesman described the file as a “strong file.”
“As President Trump’s Supreme Court filing makes clear, if immunity is not granted to a president, every future president who leaves office faces the possibility of false impeachment by the opposing party,” the spokesperson told Fox News Digital. “Without complete immunity, the President of the United States will not be able to function properly. Even while the President is in office, his political opponents will weaponize the threat of future impeachment, effectively extorting and extorting him to influence his presidency.” “The most sensitive and important decisions.”
The spokesman added: “The Supreme Court must grant the stay and put an end to Jack Smith’s repeated attempts to subvert the normal and proper functioning of our judicial system.”
The submission comes after the decision of a federal judge in Washington, DC Chutkan asked Earlier this month, the trial, which had been scheduled to begin on March 4, was officially postponed — one day before the crucial Super Tuesday primary, in which Alabama, Alaska, American Samoa, Arkansas, California, Colorado, Maine, Massachusetts, Minnesota and North Carolina will compete. The states of Oklahoma, Tennessee, Texas, Utah, Virginia, and Vermont vote to choose the Republican Party nominee.
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Chutkan said in December that she did not have jurisdiction over the matter while it was pending before the Supreme Court, and she temporarily stayed the matter. the case against the 2024 Republican nominee until the Supreme Court determines his involvement.
Smith accused the former president of conspiring to defraud the United States. conspiracy to obstruct an official proceeding; Obstructing and attempting to obstruct an official proceeding; And conspiracy against rights. These charges stem from Smith’s investigation into whether Trump was involved in the Capitol riot on January 6, 2021, and any alleged interference in the outcome of the 2020 election.
Trump pleaded not guilty to all charges in August 2023.