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Federal prosecutors ask US Supreme Court to take up issue of Trump immunity in 2020 election interference case

by Derek Andrews
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Federal prosecutors asked the US Supreme Court docket on Monday to intervene within the criminal case in opposition to former President Donald Trump, which alleges that the previous president engaged in election interference through the 2020 US presidential election.

Particular Counsel Jack Smith requested the court docket to take up an attraction currently pending earlier than the US Court docket of Appeals for DC to find out whether or not Trump has absolute immunity from legal prosecution for crimes he dedicated whereas in workplace—a declare the district court docket previously rejected. Smith opens his petition to the court docket by stating, “This case presents a basic query on the coronary heart of our democracy.” For that motive, Smith said, “It’s of crucial public significance that [Trump’s] claims of immunity be resolved by this Court docket and that respondent’s trial proceed as promptly as potential if his declare of immunity is rejected.”

The case is presently slated to proceed to trial on March 4, 2024. Nonetheless, it’s presently on maintain whereas the US Court docket of Appeals for DC addresses an attraction from Trump. The attraction stems from a December 1st choice from District Choose Tanya Chutkan that rejected Trump’s request to dismiss the case primarily based on presidential immunity. Trump continues to insist that the US Structure shields him from any legal accountability for actions dedicated whereas he held the workplace of the presidency. Trump additionally argues that the legal costs quantity to double jeopardy, since he was already tried and impeached within the US Home of Representatives—although not on the identical costs.

Usually, the case must proceed by the appeals court docket earlier than probably being taken up by US Supreme Court docket. Confronted with the potential of shedding the March 4, 2024 trial date, nonetheless, federal prosecutors sought on Monday to expedite the appellate course of. “The USA acknowledges that that is a unprecedented request,” Smith wrote in his petition to the court docket, “That is a unprecedented case.”

Smith defined:

If appellate evaluate of the choice under had been to proceed by the atypical course of within the court docket of appeals, the tempo of evaluate might not end in a closing choice for a lot of months; even when the choice arrives sooner, the timing of such a call may forestall this Court docket from listening to and deciding the case this Time period.

The Supreme Court docket’s time period started this previous October, and justices are normally anticipated to sit down by both June or July, which is when a bulk of the court docket’s choices are launched.

Trump presently faces 4 legal counts on this case, which is ready to go to trial earlier than a jury in Washington DC on March 4, 2024. That is certainly one of four criminal cases the previous president faces—spanning 91 federal and state legal costs.

Source / Picture: jurist.org

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