Special Counsel Jack Smith is asking the conservative-majority U.S. Supreme Court to rule on a major leg of Donald Trump’s defense, that he is immune from any prosecution for actions he took while President.
Smith’s question now before the justices: “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.”
MSNBC on-air called it “an unexpected and fascinating legal move.”
The justices can agree to take up the question or refuse.
The Special Counsel has requested an expedited decision.
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U.S> District Judge Tanya Chutkan has already ruled Trump can be prosecuted for his efforts to overturn the 2020 election. Trump has appealed and is attempting to put the entire case on hold until a ruling has been made.
“Smith is attempting to bypass the appeals court,” the Associated Press reports. “The request filed Monday for the Supreme Court to take up the matter directly reflects Smith’s desire to keep the trial, currently for March 4, on track and to prevent any delays that could push back the case until after next year’s presidential election.”