Donald Trump asked the Supreme Court on Wednesday to reject special counsel Jack Smith’s request for the justices to decide whether the former president is immune to prosecution for trying to overturn the 2020 election.
Trump has repeatedly claimed that he is immune to criminal proceedings because he was president at the time of his alleged crimes. Smith, who is investigating Trump for both trying to overturn the election and mishandling classified documents, filed an accelerated motion asking the Supreme Court directly to weigh in, jumping over a lower appeals court.
Trump’s legal team had until Wednesday to respond, and when they did, it was to beg the high court to stay out of it. His lawyers argued that Smith wanted the justices to “rush to decide the issues with reckless abandon.”
In reality, if the Supreme Court waits to rule until after a lower appeals court issues a decision, then the whole process could delay Trump’s trial. This is presumably what Trump and his lawyers want, since the trial is currently set to begin on March 4, the day before Super Tuesday. If the Supreme Court instead takes the case and rejects Trump’s argument, the trial will likely proceed on schedule.
Smith indicted Trump in August for the former president’s role in the January 6 insurrection and other attempts to overturn the 2020 presidential election. Trump faces one count each of conspiracy to defraud the United States, conspiracy to corruptly obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against the right to vote.
Trump has pleaded not guilty to all of the charges and has insisted the case should be dismissed altogether. He argues that former presidents can’t be criminally charged for actions related to their official responsibilities. He did not explain how overturning an election was related to official presidential duties.
U.S. District Judge Tanya Chutkan, who is presiding over the trial, rejected Trump’s immunity claim. Trump appealed her decision to a Washington federal appellate court, while Smith asked the Supreme Court to weigh in.
The Supreme Court justices, who will have to decide this matter one way or another, have given no indication of how they will rule. Trump appointed three members of the conservative-leaning bench, but the majority of the justices are also sticklers for the Constitution.