Special prosecutor Jack Smith asks Supreme Court to decide whether Donald Trump is immune in election interference case

Special prosecutor Jack Smith asked the Supreme Court to determine whether former President Donald Trump has constitutional immunity in the case in which he is accused of election interference. It is an unusual request because it attempts to bypass the federal appeals court that was initially expected to handle the case and because it urges the justices to act in exceptional speed.

A federal judge had previously ruled that the indictment could go forward. However, Trump's legal team vowed to appeal the ruling, Fox News recalls.

"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", the prosecutor wrote in the document released Monday.

Jack Smith Filing to Scotus by Williams Perdomo on Scribd

"Let the trial be held as soon as possible."

In that sense, Smith insisted that the case should be expedited once the judges make a decision regarding immunity. The situation comes after Donald Trump's lawyers argued that the decisions he made were made because it was his duty as president, under the umbrella of the immunity enjoyed by the Republican.

"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", Smith said, referring to the trial scheduled for March 2024.

"Respondent served as the President of the United States from January 2017 until January 2021. The indictment alleges that respondent engaged in systematic and deliberate efforts to overturn the results of the 2020 presidential election and prevent the lawful transfer of power to his successor", Smith's petition maintained.