Photographic triptych bringing together Donald Trump, special prosecutor Jack Smith and Judge Tanya Chutkan (United States District Court for the District of Columbia / HANDOUT)
Federal prosecutor Jack Smith on Monday asked the US Supreme Court to urgently rule on the immunity invoked by Donald Trump in order to prevent the ex-president from derailing the schedule of his trial for the 2020 election.
The lawyers of the favorite of the Republican primaries systematically demand that his various trials be held as late as possible, and in any case after the presidential election of November 2024.
Judge Tanya Chutkan, who will preside over the hearings at the federal trial of Donald Trump for his alleged unlawful attempts to overturn the result of the 2020 election, rejected his request for immunity on December 1, considering that no text protected a ex-president against criminal prosecution.
But the appeal by his lawyers, filed on December 7, “suspends the proceedings” against him, indicates special prosecutor Jack Smith, who is investigating the case, in his request for direct referral to the Supreme Court.
However, “if the appeal procedure took place according to the ordinary rhythm of the Court of Appeal, a final decision could not come for many months”, while the trial must begin on March 4, 2024, underlines- he.
“It is fundamental to the public interest that the defendant’s request for immunity be resolved as expeditiously as possible – and if he does not have immunity, that he be tried in a fair and speedy trial.” pleads the special prosecutor.
This is an “exceptional request”, he concedes, adding: “It is an exceptional file”.
The Supreme Court of the United States, in Washington, November 13, 2023 (AFP / Mandel NGAN)
Accordingly, Jack Smith is asking the Supreme Court to take up the matter and schedule a hearing at short notice to hear the arguments of both parties in order to be able to rule by the end of its session, which ends on 30 June.
The Court, without ruling on the referral itself, agreed in the afternoon to examine it urgently, giving the defense until December 20 to respond.
– “Divine right” –
“Although no precedent supports the defendant’s claim to criminal immunity as a former president, the State recognizes that this Court has never ruled” on this subject, adds Jack Smith.
At the same time, he submitted a request for emergency review to the Federal Court of Appeals in Washington, in case the nine justices of the Supreme Court, six appointed by Republican presidents and three by Democrats, reject his request.
The Court of Appeal, for its part, gave Donald Trump’s lawyers until Wednesday to respond to this emergency appeal.
“There is absolutely no reason to rush this travesty of trial other than to harm President Trump and his tens of millions of supporters,” his campaign team responded in a statement to Jack Smith’s request.
Donald Trump’s lawyers say he has “absolute immunity” for his actions while in the White House. They cite Supreme Court case law from the 1980s concerning civil suits against former President Richard Nixon.
They also argue that due to his acquittal during the parliamentary impeachment proceedings against him for the assault on the Capitol on January 6, 2021 by hundreds of his supporters trying to prevent the certification of Joe Biden’s election, he cannot be judged for his maneuvers to reverse the results.
In her decision, Judge Chutkan concluded that the Nixon precedent did not apply to criminal proceedings against a former president, and that impeachment proceedings did not constitute a criminal trial.
Main legal cases facing Donald Trump, former president of the United States, as of October 2, 2023 (AFP / Olivia BUGAULT)
“The defendant’s four years as commander-in-chief did not confer on him the divine right of kings to escape the criminal responsibility to which his fellow citizens are subject,” she said.
Donald Trump is also being prosecuted by the courts of the state of Georgia (southeast) for related acts of electoral interference, and will also have to answer in federal court for his alleged negligent management of confidential documents after his departure from the White House.
Mr. Trump blames his legal troubles on the Democratic administration of President Joe Biden, whom he could find on his way in 2024 for a revenge of the 2020 election.