Featured Stories December 12,2023 | Independence Journal Editorial Team

Jack Smith Seeks Supreme Court Decision On Trump’s Immunity

Special Counsel Jack Smith, the man picked by the Biden administration’s weaponized Department of Justice (DOJ) to go after former President Donald Trump, recently petitioned the Supreme Court to decide whether the former president is immune from being criminally prosecuted concerning allegations that he tried to “overturn” the 2020 presidential election. 

Trump’s lawyers have actively tried to dismiss the charges against their client, arguing that he is protected by presidential immunity since the alleged crimes occurred while he was president. The lawyers have also said that prosecuting Trump constitutes a violation of double jeopardy since the Senate acquitted him in 2021 for the same alleged actions. 

Despite their attempts, the lawyers’ arguments were dismissed by U.S. District Court Judge Tanya Chutkan, who former President Barack Obama appointed. 

Although Trump’s legal team appealed Chutkan’s ruling to the D.C. Appeals Court, Smith is asking the Supreme Court to review the judge’s decision. 

“The district court presiding over this case rejected respondent’s constitutional arguments and has scheduled trial for March 4, 2024,” prosecutors wrote. “Respondent’s notice of appeal, however, suspends trial proceedings, and respondent has moved for a stay of all proceedings in the district court while his appeal is pending.” 

“It is of paramount public importance that respondent’s claims of immunity be resolved as expeditiously as possible — and, if respondent is not immune, that he receive a fair and speedy trial on these charges,” they added. 

Smith’s plea to the Supreme Court comes amid concerns from the prosecution that Trump’s appeal to the D.C. Appeals Court would delay the trial process. Prosecutors argued that without the High Court’s intervention, “the pace of review may not result in a final decision for many months.” 

Smith indicted Trump in August 2023 on charges that the former president had engaged in a scheme to “overturn” the results of the 2020 presidential election. 

Trump’s trial date, scheduled one day before Super Tuesday on March 4, 2023, has been controversial for months. Many have argued that Smith is only trying to damage Trump’s chances of becoming president again. 

Given the circumstances surrounding Trump’s case, legal scholar Jonathan Turley offered his analysis:  “The Supreme Court may not view a trial of Trump during the campaign to be as motivating or urgent as does Smith.” 

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