Trump asks Supreme Court to hold off on Jan. 6 immunity question
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Donald Trump’s legal team implored the Supreme Court Wednesday to reject special counsel Jack Smith’s request to fast-track a ruling on whether the former president can face charges in the 2020 election subversion case.
Prosecutors had asked the high court to rule by Monday on the question in order to keep the trial of the 77-year-old on track to start March 4.
However, Trump’s team argued that there was no reason for the justices to weigh in on his immunity before an appeals court does.
“In 234 years of American history, no president ever faced criminal prosecution for his official acts. Until 19 days ago, no court had ever addressed whether immunity from such prosecution exists,” Trump’s legal team wrote in a brief.
“To this day, no appellate court has addressed it. The question stands among the most complex, intricate, and momentous issues that this Court will be called on to decide.”
Earlier this month, US District Judge Tanya Chutkan ruled against Trump’s effort to toss out the four-count indictment against him on the basis of presidential immunity, finding that the 45th president was not entitled to a “lifelong get-out-of-jail-free pass.”
Ahead of an anticipated appeal by Trump of Chutkan’s decision, Smith bypassed the DC Circuit Court of Appeals and went directly to the Supreme Court to ask for a ruling.
While the justices decide whether to take up the matter, Chutkan has put a hold on “any further proceedings that would move this case towards trial or impose additional burdens of litigation on defendant.”
The judge has declined to push back the scheduled March 4 trial date — one day before the Super Tuesday Republican primary contests.
“In an omission that speaks volumes, the Special Counsel never explains why March 4, 2024, is supposedly the only ‘appropriate timetable’ for this historic prosecution,” Trump’s attorneys argued.
“That date has no talismanic significance.”
If the Supreme Court declines to rule on Smith’s request, that would increase the chances that a trial would be delayed until later 2024 or even early 2025 while the immunity issue is settled.
Trump is facing a total of 91 criminal counts across four cases. He has pleaded not guilty and denied wrongdoing in all of them.
On Tuesday, the Colorado Supreme Court disqualified Trump from the GOP primary ballot — a ruling his campaign has also vowed to appeal to the Supreme Court.
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