Court Asks Trump’s Lawyers to Respond by December 20
The trial of former President Donald Trump in the election interference case is scheduled to begin in March. The court has requested Trump’s lawyers to respond to the special counsel’s motion by next Wednesday, December 20. This deadline is two days later than initially requested by the prosecution.
Smith Attempts to Bypass Appeals Court and Go Straight to Supreme Court
In an attempt to expedite the proceedings, Smith, the special counsel, is seeking to bypass the appeals court and have the Supreme Court directly take up the matter. This move has faced criticism, with Trump’s presidential campaign accusing Smith of trying to circumvent the usual legal process.
Key Question on Presidential Immunity
The case revolves around a fundamental question concerning presidential immunity. Prosecutors argue that a former President is not immune from federal prosecution for crimes committed while in office, even if they have been impeached but not convicted. This issue raises significant implications for our democracy.
Justice Department Policy and Trump’s Official Duties
Justice Department policy prohibits the indictment of a sitting president. However, Trump’s lawyers assert that he cannot be charged for actions that fell within his official duties as President. Prosecutors vehemently reject this claim, setting the stage for a heated legal battle.
Pivotal Decision for Ex-Presidents’ Immunity
If the Supreme Court decides to intervene, it would mark the first time they rule on whether ex-presidents enjoy immunity from prosecution. The outcome of this case will have far-reaching consequences for future Presidents and the justice system.
Expediting the Proceedings
Smith’s team is urging the court to expedite the process, recognizing the exceptional nature of the case. They argue that prompt resolution is necessary, given the significance of the issues at hand. Prosecutors are requesting the court to take up Trump’s claim that he cannot be prosecuted for conduct for which he was already impeached and acquitted.
Next Steps and Timing
If the Supreme Court declines to intervene at this stage, Trump’s appeal will continue at the U.S. Court of Appeals for the District of Columbia Circuit. Smith has requested a quick review there as well. However, even if there is a rapid decision, it might not reach the Supreme Court in time for a final ruling before the court’s traditional summer break.
This report is based on information from The Associated Press.