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Special Counsel Jack Smith Petitions the Supreme Court to rule on Trump’s Immunity Defense

"Judge Points Finger at Trump In Blistering Order Denying Trump’s Demand To Keep Jury From Hearing About Jan. 6 Riot"

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Anna Hickey
Monday, December 11, 2023, 3:40 PM

Smith also filed a motion for expedited review in the D.C. Circuit to prevent delay of Trump’s Jan. 6 trial

Published by The Lawfare Institute
in Cooperation With Brookings

On Dec. 11, the government filed a petition for a writ of certiorari to the Supreme Court requesting the Court resolve the question of whether former president Donald Trump is immune from federal prosecution for crimes committed while in office. The Justice Department is seeking to bypass the U.S. Court of Appeals for the D.C. Circuit, filing the petition before that court has ruled. The government also filed a motion for expedited consideration of the petition by the Supreme Court and an “expedited merits briefing if the Court grants the petition.” Additionally, the Justice Department filed a motion to expedite Trump's appeal of Judge Chutkan’s ruling in the D.C. Circuit. On Dec. 1, Judge Chutkan rejected .. https://www.lawfaremedia.org/article/chutkan-denies-trump-s-motions-to-dismiss .. Trump’s motion to dismiss the federal election interference case against him on the grounds of presidential immunity. Trump filed an appeal .. https://www.lawfaremedia.org/article/docket-watch-trump-prosecuted-in-d.c .. of her ruling in the D.C. Circuit on Dec. 7.

The government argues that if the case were to proceed without the Supreme Court’s expedited review, “it is unclear whether [the Supreme Court] would be able to hear and resolve the threshold immunity issues during its current Term.” The Justice Department notes that the Supreme Court in 1974 granted the then-special prosecutor’s petition for certiorari before appellate judgment in one of the Watergate cases less than four months before the trial was set to begin after the district court overseeing the case had denied former President Richard Nixon’s motion to quash a government subpoena seeking recordings from the Oval Office. The Court’s resolution of this constitutional question preceding United States v. Nixon .. https://supreme.justia.com/cases/federal/us/418/683/ , according to the government, should guide the Court to similarly review and resolve Trump’s immunity appeal. Trump’s Jan. 6 trial is currently set to begin on Mar. 4, 2024.

In the government’s motion in the D.C. Circuit for expedited review, the Justice Department writes that if the Supreme Court does not grant the government’s petition for certiorari before the D.C. Circuit issues a decision, expedited review in the D.C. Circuit would leave the Supreme Court with sufficient time to resolve the case during its current term.

Read the petition for a writ of certiorari here .. https://s3.documentcloud.org/documents/24213180/20231211115417267_no-23-624-us-v-donald-j-trump-petition.pdf .. or below [or inside]:

Read the government’s motion for expedited consideration of the petition by the Supreme Court here .. https://www.documentcloud.org/documents/24213509-20231211121507484_no-23-624-motion-to-expedite?responsive=1&title=1 .. or below:

Read the motion for expedited review in the D.C. Court of Appeals here .. https://s3.documentcloud.org/documents/24213189/usa-motion-to-expedite.pdf .. or below:

Anna Hickey is the associate editor for communications of Lawfare. She holds a B.A. in interdisciplinary studies: communications, legal studies, economics, and government with a minor in international studies from American University.

https://www.lawfaremedia.org/article/special-counsel-jack-smith-petitions-the-supreme-court-to-rule-on-trumps-immunity-defense

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#SCOTUS has *granted* Jack Smith's motion to expedite the petition for certiorari before judgment

This makes me smile

#SCOTUS has *granted* Jack Smith’s motion to expedite the petition for certiorari before judgment—and has ordered former President Trump to respond to the petition by next Wednesday at 4 ET. pic.twitter.com/3ZZiV8ATaS

— Steve Vladeck (@steve_vladeck) December 11, 2023

https://www.democraticunderground.com/100218519140

One hour ago

Special counsel goes directly to Supreme Court to resolve whether Trump has immunity from prosecution

By Hannah Rabinowitz and Devan Cole, CNN
Updated 6:54 PM EST, Mon December 11, 2023

VIDEOs -

CNN — Special counsel Jack Smith on Monday asked the Supreme Court to decide whether Donald Trump has any immunity from criminal prosecution for alleged crimes he committed while in office – the first time that the high court will weigh in on the historic prosecution of the former president.

The extraordinary request is an attempt by Smith to keep the election subversion trial – currently scheduled for early March – on track. Smith is asking the Supreme Court to take the rare step of skipping a federal appeals court and quickly decide a fundamental issue of the case against Trump.

What to know about Trump’s decision to not testify again in New York civil fraud trial
https://edition.cnn.com/2023/12/10/politics/trump-not-testifying-new-york-civil-fraud-trial

Smith’s team has asked the court to review District Judge’s Tanya Chutkan ruling that as a former president, Trump is not immune from the election subversion prosecution case brought in Washington, DC. Lawyers for the former president have argued that Trump’s alleged actions over the 2020 election results were part of his official duties at the time and therefore he is protected by presidential immunity.

Prosecutors also asked the court to decide whether Trump is protected by double jeopardy. Defense lawyers have asserted that because Trump was acquitted by the Senate during his impeachment trial that he cannot be criminally tried for the same alleged actions.

Later Monday, the Supreme Court said it will expedite consideration of Smith’s petition to rule on the question of whether Trump deserves immunity. Trump has until December 20 to file a response.

Continued: https://edition.cnn.com/2023/12/11/politics/special-counsel-trump-jack-smith/index.html