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Cutting to the chase, oh my!Jack Smith, the special counsel prosecuting former President Donald J. Trump on charges of plotting to overturn the 2020 election, asked the Supreme Court on Monday to rule on Mr. Trump’s argument that he is immune from prosecution.
The request was unusual in two ways: Mr. Smith asked the justices to rule before an appeals court acted, and he urged them to move with exceptional speed.
“This case presents a fundamental question at the heart of our democracy: 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,” Mr. Smith wrote.
“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,” Mr. Smith wrote.
He asked the court to use certiorari before judgment, an unusual procedure to leapfrog the appeals court. It is typically used in cases involving national crises, like President Richard M. Nixon’s refusal to turn over tape recordings to a special prosecutor.
As in the Nixon case, Mr. Smith wrote, “the circumstances warrant expedited proceedings.” He added, “The public importance of the issues, the imminence of the scheduled trial date, and the need for a prompt and final resolution of respondent’s immunity claims counsel in favor of this court’s expedited review at this time.”
Special Counsel Asks Supreme Court to Decide if Trump Is Immune From Prosecution
The special counsel, Jack Smith, urged the justices to move with exceptional speed, and they quickly agreed to fast-track the first phase of the case.www.nytimes.com
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