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Jack Smith Responds To Trump’s Request For Supreme Court To Intervene In Presidential Immunity Appeal

Special Counsel Jack Smith on Wednesday opposed President Trump's request for the Supreme Court to intervene in his presidential immunity appeal.

President Trump filed an emergency petition on Monday asking the Supreme Court to put on hold the D.C. Circuit Court of Appeals' decision that he is not immune from prosecution in election interference cases. In his response Wednesday, Smith argued that further delays in Trump's case, which is pending in district court pending an appeals court decision, are against the public interest in “a speedy and fair adjudication.”

“Delays in resolving these charges threaten to frustrate the public interest in speedy and fair adjudication, which is a compelling interest in any criminal case and one that involves federal criminal charges against a former president for alleged crimes. “As such, it has a unique national significance here: an effort to overturn the results of a presidential election, including the exercise of public authority,” the filing states.

District Judge Tanya Chutkan initially was denied Trump is seeking to dismiss the lawsuit on the basis of executive privilege on December 1st. She suspended proceedings in her case after Trump filed an appeal. Earlier this month, Chutkan officially canceled the March 4 trial date. (Related: Former Justice Department official Jack Smith says rush to bring Trump to justice is 'grossly unfair')

In late December, the Supreme Court rejected Mr. Smith's request to consider the issue of presidential immunity before referring it to lower courts for consideration. The D.C. Circuit Court of Appeals ruled against Trump last week, and Trump asked that his sentence be put on hold.

The timeline for continuing Trump's trial depends on how the Supreme Court handles the issue.

Mr. Smith's filing came earlier than the Feb. 20 deadline for responses set by the Supreme Court. It reflects his continued efforts to bring cases to justice quickly.

If the court believes Trump's request is worth considering, Smith argued, it should treat the application as a petition for a writ of superiors, grant the petition, and subject it to expedited argument and argument. did.

“By accelerating the timeline, the court will be able to issue an opinion and judgment that resolves the issue of the exemption threshold as soon as possible this term, minimizing additional delays even if the court rejects the applicant's claim for exemption.” and a timely and fair trial can begin,” he continued. “The government is proposing a schedule that would allow arguments in March 2024, consistent with the court's expediting of other cases deserving such treatment.”

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