The special counsel prosecuting Donald Trump on federal charges involving the former president’s efforts to overturn his 2020 election loss has urged the US supreme court to reject Trump’s bid to further delay trial proceedings as he presses his claim of immunity.
Jack Smith’s filing to the justices responded to a request by Trump’s lawyers on Monday to put on hold a decision by a three-judge panel of the US court of appeals for the District of Columbia circuit rejecting the claim of presidential immunity from prosecution.
If the justices do not immediately reject Trump’s request Smith asked the court to take up the case and hear it on a fast-track basis.
Trump’s lawyers asked the justices to halt the trial proceedings pending their bid for the full slate of judges on the DC circuit to reconsider the case, and, if necessary, an appeal to the supreme court.
The supreme court in December declined Smith’s request to decide the immunity claim even before the DC circuit ruled – a bid by the special counsel to speed up the process of resolving the matter. The justices opted instead to let the lower appeals court rule first, as is customary.
A 4 March trial date for Trump in federal court in Washington on four criminal counts pursued by Smith in the election subversion case was postponed, with no new date yet set. Trump has pleaded not guilty and has sought to portray the case as politically motivated.
“The nation has a compelling interest in seeing the charges brought to trial,” Smith said in his filing to the justices, adding that “the public interest in a prompt trial is at its zenith where, as here, a former president is charged with conspiring to subvert the electoral process so that he could remain in office”.
Smith said Trump’s criminal charges reflect an alleged effort to “perpetuate himself in power and prevent the lawful winner of the 2020 presidential election from taking office. The charged crimes strike at the heart of our democracy.”
“A president’s alleged criminal scheme to overturn an election and thwart the peaceful transfer of power to his successor should be the last place to recognize a novel form of absolute immunity from federal criminal law,” Smith added.
Trump’s lawyers claim a months-long criminal trial of Trump “at the height of election season will radically disrupt” his ability to campaign against Joe Biden.
Trump is charged with 91 felony counts across four criminal cases – in New York, Florida, Washington and Georgia. He denies all the charges and faces the threat of prison if convicted.
In the federal election interference case, Trump is charged with conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against rights, in his relentless pursuit to reverse the outcome of the 2020 election and remain in office.
On 6 January 2021, a group of Trump’s supporters broke in to the US Capitol in a deadly but failed effort to prevent the congressional certification of Joe Biden’s victory in the 2020 election. Trump had urged them to “fight like hell” at a rally near the White House just before the insurrection, then did not take strong action to call the mob off after they attacked police officers and invaded Congress.
On Thursday, two hearings will take place in two of the other cases. Trump is expected to attend a hearing in New York in the case involving an alleged hush money scheme during the 2016 presidential election. Prosecutors accuse Trump of illegally reimbursing his former fixer Michael Cohen for money paid to the adult film producer and actor Stormy Daniels. This case is due to go to trial in March.
And in Atlanta, a judge will hold a hearing in the state election interference and racketeering case brought against Trump and multiple co-defendants, where details will be presented about Fulton county district attorney Fani Willis’s relationship with special prosecutor Nathan Wade.
And Trump awaits the decision of a civil judge in New York on the fraud case against his family business, the Trump Organization, which could gut his real estate empire.
Source: Elections - theguardian.com
