US seeks speedy Supreme Court review of Trump claim he is immune from prosecution
By Andrew Chung, John Kruzel and Andrew Goudsward
WASHINGTON (Reuters) -The U.S. special counsel prosecuting Donald Trump on federal charges of trying to overturn his 2020 election defeat asked the Supreme Court on Monday to launch a fast-track review of the former president's claim he cannot be tried on those charges.
The Supreme Court said it would quickly review Special Counsel Jack Smith's request, ordering Trump's lawyers to respond to the request by Dec. 20.
Trump has appealed a decision by U.S. District Judge Tanya Chutkan on Dec. 1 rejecting his bid to dismiss the case. The judge found no legal support for the position argued by Trump's lawyers that former presidents cannot face criminal charges for conduct related to their official responsibilities.
It is rare for a prosecutor to ask the Supreme Court to intervene in a case before a lower appeals court has already ruled, but Smith's move reflects the urgency ahead of the Nov. 5 election. If reelected, Trump could seek to pardon himself of any federal crimes.
Smith told the Supreme Court in a written filing that the «case presents a fundamental question at the heart of our democracy.»
Trump, the frontrunner for the 2024 Republican nomination to challenge Democratic President Joe Biden, contends that this case and three other criminal prosecutions he faces are politically motivated.
Trump's appeal suspends his trial, which was scheduled to begin on March 4. «It is of imperative public importance that (Trump's) claims of immunity be resolved by this court and that (Trump's) trial proceed as promptly as possible if his claim of immunity is rejected,» Smith said.
Smith said claims by Trump are «profoundly mistaken,» adding that only the Supreme Court «can
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