Former President Donald Trump on Wednesday urged the Supreme Court to reject federal prosecutors’ request to immediately consider his claim that he cannot face criminal charges for trying to overturn his own defeat in the 2020 election.
Trump filed the motion in response to a request from U.S. Special Counsel Jack Smith, who on Dec. 12 asked the Supreme Court to quickly rule on whether the former president has immunity to be tried on charges of conspiracy to rig the 2020 election. , could take place as planned.
Trump asked the justices to dismiss Smith’s lawsuit so that the Supreme Court would not rule before the lower appeals court in the District of Columbia could do so.
The Justice Department accuses Trump, the front-runner in the race for the 2024 Republican presidential nomination, of attempting to obstruct Congress and defrauding U.S. government officials with schemes to overturn President Joe Biden’s November 2020 election victory.
Trump’s lawyers wrote in the motion that Special Counsel Smith urged the judges to bypass the normal appellate process, including the D.C. Court of Appeals decision, and “decide the issue in an irresponsible manner.” The court should reject this proposal.”
Trump argues that the case should be thrown out on the grounds that former presidents cannot be held criminally liable for actions related to their official duties.
Federal Judge Tanya Chutkan rejected that claim on Dec. 1, forcing Trump to appeal to a federal appeals court in Washington.
Smith on Dec. 11 urged the Supreme Court to issue a fast-track decision to avoid delaying the trial.
If Trump wins the 2024 election, he could seek to pardon himself from any federal crimes.
Trump’s appeal to the District of Columbia court has put his trial on hold. Smith, in his petition to the Supreme Court, said Trump’s allegations were “deeply flawed” and that only the Supreme Court “can definitively resolve” the issue.
Three of the nine Supreme Court justices were appointed by Trump, who solidified a six-to-three conservative majority.
Trump claims this and three other criminal trials against him are politically motivated. He declared his innocence of all charges brought against him.
