Smith Seeks SC Ruling On Trump Immunity Claim

Special counsel Jack Smith has asked the Supreme Court (SC) to decide whether Donald Trump has any immunity from criminal prosecution for alleged crimes he committed while in office – the first time that the high court will weigh in on the historic prosecution of the former president, Hannah Rabinowitz, and Devan Cole reported for CNN.

Smith’s team has asked the court to review District Judge Tanya Chutkan's ruling that, as a former president, Trump is not immune from the election subversion prosecution case brought in Washington, DC. I Photo: U.S. Department of Justice

The extraordinary request is an attempt by Smith to keep the election subversion trial – currently scheduled for early March – on track. Smith is asking the SC to take the rare step of skipping a federal appeals court and quickly decide a fundamental issue of the case against Trump.

Smith’s team has asked the court to review District Judge Tanya Chutkan's ruling that, as a former president, Trump is not immune from the election subversion prosecution case brought in Washington, DC.

Lawyers for the defeated president have argued that Trump’s actions over the 2020 election results were part of his official duties at the time. Prosecutors also asked the court to decide whether Trump is protected by double jeopardy.

Defense lawyers have asserted that because Trump was acquitted by the Senate during his impeachment trial, he cannot be criminally tried for the same alleged actions.

Later Monday, the Supreme Court said it will expedite consideration of Smith’s petition to rule on the question of whether Trump deserves immunity. Trump has until December 20 to file a response. Joan Biskupic, Dan Berman, and Kristen Holmes also reported for CNN.

WEEKLY FEATURE : Jose Mari Chan And The Christmas Anthem