Special Counsel Jack Smith, leading the investigation into Donald Trump’s alleged role in the January 6, 2021, Capitol riot, has urged the U.S. Supreme Court to make an “immediate, definitive decision” on whether Trump has “immunity” from criminal prosecution. In response to Trump’s lawyers advocating for the justices to stay out of the dispute until lower courts rule, Smith argued that the gravity of the charges and the public interest demand a swift resolution. Trump faces charges of inciting an insurrection, obstructing Congress, and endangering national security.
Smith’s team countered Trump’s claim of immunity as “meritless” and “unprecedented,” asserting that it would grant him a “blanket immunity” from criminal accountability for actions while in office. They emphasized the urgency of the Supreme Court’s intervention, citing potential irreparable harm to the prosecution and public interest if further delays occur. The trial is scheduled to begin in March 2024.
While Trump’s lawyers argue for constitutional separation of powers and executive privilege, Smith’s team highlights that the Supreme Court has never granted immunity to a former president and that lower courts consistently rejected Trump’s arguments. They warn that delaying intervention could jeopardize evidence and witness availability.
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The Supreme Court has not indicated when it will decide on Smith’s request. If the Court agrees to hear the case, a ruling could occur by June 2024, but if it declines, lower courts will continue reviewing Trump’s claim of immunity.
