December 11, 2023
For the first time – it looks like the Supreme Court is now jumping into former President Trump’s legal fight.
The high court said they will hear the arguments in Special Counsel Jack Smith’s expedited request to skip the appeals court and just have the 9 justices decide whether or not trump has “absolute immunity” from federal prosecution for crimes he may have allegedly committed while in office.
Now – this doesn’t mean the supreme court will officially take Smith’s case or rule in his favor – this just short order says the Justices will hear arguments in a few weeks and will decide whether they are going to get involved. But either way — they are going to handle this quickly.
This is a huge move by the court and the Special Counsel.
So where is all this coming from? Former President Trump and his legal team have been arguing in several of his criminal and civil cases –that the former President enjoys the privilege of Presidential Immunity and because of that Trump is “absolutely immune” and cannot be prosecuted or held liable for crimes that allegedly took place while he was in office. Two different federal judges said – that’s not how the law or constitution works. The judges said Presidential Immunity is not extended to alleged crimes that may have been committed while the President was engaged in activity outside his or her official presidential duties – like campaign activities. And furthermore – even if the alleged crimes were committed while the President was engaged in his or her official duties – that still doesn’t mean he or she has “absolute” immunity from prosecution. In her ruling judge Tanya Chutkan in Washington DC said “whatever immunities a sitting president may enjoy, the United States has only one chief executive at a time, and that position does not confer a lifelong ‘get-out-of-jail-free’ pass. Former presidents enjoy no special conditions on their federal criminal liability. Defendant may be subject to federal investigation, indictment, prosecution, conviction, and punishment for any criminal acts undertaken while in office.”
Now – this filing by Special Counsel Jack Smith today is also a strategic one. He notes in today’s 20-page filing that Trump’s federal elections interference trial is scheduled to begin in March. And former President Trump’s legal team has already indicated they’re prepared to appeal this issue of Presidential Immunity all the way up to the Supreme Court no matter how long it takes. Smith says their goal is to delay the start of this trail by slow walking this appeals process which could take months or even a year. So Smith – basically cut Trump’s team off at the pass and went around them and straight to the Supreme Court himself saying Justices – this is going to come to you anyway – it’s imperative that you rule on this issue now so we can move forward with trial in march.
It’s worth noting – while it may be unusual – this has happened before in 1974 with former President Richard Nixon. Back then the special prosecutor – on an emergency basis – asked the Supreme Court to rule on a consequential question in the Watergate case. That request was made at the end of May of 1974. By early July the supreme court heard oral arguments and a decision was issued 16 days later.
Special Counsel Smith is asking the Justices to either hear this case on an expedited timetable, or at least if the Justices aren’t going to hear the case – then can they please ask the appeals court to expedite this case.
Read Special Counsel Jack Smith’s motion to the Supreme Court here.
