Donald Trump’s Lawyers Ask Supreme Court to Avoid Deciding Key Issue
Donald Trump’s lawyers have requested that the Supreme Court refrain from making a decision on whether the former president has broad immunity for his actions regarding the 2020 presidential election.
Special counsel Jack Smith had asked the justices to expedite the decision on this issue, which is crucial in Trump’s criminal prosecution in Washington for election interference. The court filing by Trump’s lawyers aimed to counter Smith’s request to bypass the normal appeals court process and quickly decide the legal question.
In the response filing, the lawyers argued that Smith had not provided a compelling reason for the Supreme Court to intervene without waiting for the appeals court to act. They warned against conflating the public interest with partisan interests and argued that the court should not be influenced by partisan motivations.
The filing also highlighted the timing of the issue, with Trump’s trial scheduled to begin in March and the 2024 presidential race, in which Trump is a leading candidate for the Republican nomination, heating up.
The lawyers conceded that the case presents momentous and historic questions that would warrant the Supreme Court’s intervention if the appeals court rules against Trump.
This request now leaves the Supreme Court with a decision on whether to intervene immediately or wait for the lower court to handle the issue first. The appeals court has scheduled oral arguments for January 9, and the justices will have to decide whether to jump in now or wait to see how the lower court handles the matter.
The case revolves around Trump’s questioning of the election result, with his lawyers arguing that it fell within the “outer perimeter” of his official responsibilities as president. They also contend that the Senate’s acquittal of Trump following impeachment proceedings over the events that led to the January 6 attack on the Capitol by his supporters precludes separate criminal proceedings for the same actions.
On the other hand, Smith argues that Trump’s role in seeking to overturn the election was not part of his official responsibilities as president. The special counsel also points out the Constitution’s language on impeachment, suggesting that it allows for separate criminal proceedings.
Trump was indicted in August on charges that include conspiracy to defraud the U.S., conspiracy to obstruct an official proceeding, obstruction, and conspiracy against the right to vote and have one’s vote counted. He has pleaded not guilty at his arraignment hearing.
According to prosecutors, Trump used “dishonesty, fraud, and deceit” to subvert the 2020 election with “pervasive and destabilizing lies about election fraud.” The case is one of four criminal prosecutions Trump is currently facing.
The Supreme Court now must consider this request, which has significant implications for Trump’s legal situation and for the broader political landscape.