Special Counsel asks Supreme Court to clarify that Trump can be prosecuted

Special Counsel Jack Smith made a historic move today by requesting the U.S. Supreme Court to clarify whether former President Donald Trump can be prosecuted for his attempts to subvert the results of the 2020 election.

This comes just days after Trump appealed a lower court’s ruling denying his claim of presidential immunity.

Smith’s filing, known as a writ of certiorari, asks the Court to answer two specific questions:

1. Whether a former President is absolutely immune from federal prosecution for crimes committed while in office.
2. Whether a former President is constitutionally protected from federal prosecution when he has been impeached but not convicted before the criminal proceedings begin.

This question of presidential immunity has never been definitively settled by the Supreme Court, making this case potentially groundbreaking. Smith argues that the matter requires “immediate resolution” so that the trial, currently scheduled for March 2024, can proceed on schedule.

In his petition, Smith highlights the significant public interest in this case, stating that the charges against Trump “implicate a central tenet of our democracy.” He further emphasizes the need for a “prompt and definitive resolution” to avoid potential delays caused by Trump’s appeal and requests for rehearing.

If the Supreme Court grants Smith’s petition, it would be a major development in this high-stakes case. The Court’s decision could have far-reaching implications for the future of presidential accountability and the balance of power between the executive and judicial branches.

Key Dates:

• August 1, 2023: Federal grand jury indicts Trump on four charges related to his election subversion efforts.
• August 3, 2023: Trump pleads not guilty to all charges.
• October 17, 2023: Court issues gag order limiting Trump’s public statements about the case.
• December 1, 2023: District court denies Trump’s motion to dismiss based on presidential immunity.
• December 7, 2023: Trump appeals the denial of his motion to dismiss.
• December 11, 2023: Special Counsel Smith files writ of certiorari seeking Supreme Court review of presidential immunity question.

Next Steps:

• The Supreme Court will decide whether to grant the petition for writ of certiorari.
• If the Court grants the petition, it will hear oral arguments and issue a decision, which could be several months away.
• If the Court denies the petition, the case will proceed to trial in the district court on March 4, 2024.

This case promises to be closely watched by the legal community and the public alike. The Supreme Court’s decision will have a significant impact on how future presidents are held accountable for their actions while in office.