Special counsel urges Supreme Court to deny Trump request for delay in immunity case

Special counsel urges Supreme Court to deny Trump request for delay in immunity case

Special counsel Jack Smith filed a brief on Wednesday urging the Supreme Court to reject former President Donald Trump’s request for a delay in his federal election subversion case while he appeals his claim of immunity from prosecution.

In the filing, Smith asked the Supreme Court to expedite the review process and issue a ruling during this term if they decide to hear Trump’s appeal.

“The alleged crimes are a direct attack on our democracy. A President’s attempt to overturn an election and disrupt the peaceful transfer of power should not be shielded by absolute immunity,” Smith’s team argued in the filing.

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Trump’s legal team had requested a stay to halt the proceedings in the district court, which had been scheduled to begin on March 4, 2024, but were postponed due to Trump’s appeal. However, the filing contends that Trump cannot demonstrate a fair chance of success to justify a stay.

The Supreme Court had set a deadline for Smith’s response by February 20, after which Trump’s legal team will have an opportunity to reply. The court can then decide on Trump’s request at its discretion.

Trump, who pleaded not guilty to charges related to overturning the 2020 election results, asserts absolute immunity from prosecution for actions taken during his presidency. However, a three-judge panel in the U.S. Court of Appeals recently rejected this claim, paving the way for Trump to appeal the issue to the Supreme Court.

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