Special Counsel asks SCOTUS to rule on whether Trump can be prosecuted

The filing to the U.S. Supreme Court by the Special Counsel seeks to circumvent the federal appeals court, requesting the Justices make a ruling and allow the trial to go forward as planned in March 2024.

Special counsel Jack Smith announced on Monday that he was asking the U.S. Supreme Court to rule on whether a former President is absolutely immune from federal prosecution for crimes committed while in office or is constitutionally protected from federal prosecution when he has been impeached but not convicted before the criminal proceedings begin.

That question is at the heart of Smith’s filing as he seeks to keep the prosecution of former President Donald Trump on track for alleged crimes related to efforts to overturn the 2020 presidential election. The case is set for trial for March 4, 2024.

A federal grand jury out of Washington D.C. handed down four counts against Trump, including conspiracy to defraud the United States and conspiracy to obstruct the certification of the election results on January 6, 2021.

A federal judge recently ruled that former Presidents can be prosecuted for violations of federal criminal law while in office. However, Trump has said he plans to appeal the decision, which would certainly move the trial date back by months. It is believed a delay or appeal could move the trial after the November 2024 U.S. Presidential election.

Trump claims that he has immunity from criminal prosecution, and that given the double jeopardy principles and the Impeachment Judgment Clause he cannot be prosecuted for the crimes Smith as alleged against him.

Smith’s filing to the U.S. Supreme Court seeks to circumvent the federal appeals court, requesting the Justices make a ruling and allow the trial to go forward as planned.

“It is of imperative public importance that respondent’s claims of immunity be resolved by this Court and that respondent’s trial proceed as promptly as possible if his claim of immunity is rejected,” Smith writes in the SCOTUS filing.

The filing goes on to say that Trump is “not being prosecuted for publicly contesting the results of the election; he is being prosecuted for knowingly making false statements in furtherance of a criminal conspiracy and for obstruction of election certification proceedings.”

Trump is currently leading the Republican Presidential field of candidates seeking the nomination for the 2024 election by nearly 50 points, according to the recent polling.

You can read the complete filing before the U.S. Supreme Court here.