Special counsel presses Supreme Court to review question of Trump's Jan. 6 immunity

"The charges here are of the utmost gravity," Smith argued.

December 21, 2023, 1:52 PM

Special counsel Jack Smith, replying Thursday to a brief filed by attorneys for former President Donald Trump, reiterated his view that the Supreme Court must immediately review the question of Trump's immunity as it relates to his federal election interference charges.

Attorneys for Trump on Wednesday asked the Supreme Court to stay out of the legal debate over presidential immunity and reject a request by the special counsel for an immediate review of the matter.

Smith, in his reply, wrote that "The public interest in a prompt resolution of this case favors an immediate, definitive decision by this Court. The charges here are of the utmost gravity."

"This case involves -- for the first time in our Nation's history -- criminal charges against a former President based on his actions while in office," Smith's filing said. "And not just any actions: alleged acts to perpetuate himself in power by frustrating the constitutionally prescribed process for certifying the lawful winner of an election. The Nation has a compelling interest in a decision on respondent's claim of immunity from these charges -- and if they are to be tried, a resolution by conviction or acquittal, without undue delay."

The special counsel petitioned the court last week in a bid to expediate the appeals process to maintain the case's March 4 trial date.

PHOTO: Republican presidential candidate and former President Donald Trump looks on during a campaign event, Dec. 19, 2023, in Waterloo, Iowa.
Republican presidential candidate and former President Donald Trump looks on during a campaign event, Dec. 19, 2023, in Waterloo, Iowa.
Scott Olson/Getty Images

Oral arguments on the question are scheduled in the appeals court for Jan. 9.

Trump in August pleaded not guilty to charges of undertaking a "criminal scheme" to overturn the results of the 2020 election by enlisting a slate of so-called "fake electors," using the Justice Department to conduct "sham election crime investigations," trying to enlist the vice president to "alter the election results," and promoting false claims of a stolen election as the Jan. 6 riot raged -- all in an effort to subvert democracy and remain in power.

The former president has denied all wrongdoing.

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