Special counsel Jack Smith is urging the Supreme Court to urgently resolve Donald Trump’s claim that he’s immune from prosecution for charges related to his bid to subvert the 2020 election.
Without the Supreme Court’s swift intervention, Trump’s trial could be indefinitely delayed, the special counsel warned in a petition to the high court on Monday.
That’s because the trial, scheduled to begin March 4, is effectively suspended while Trump pursues his appeal of the trial judge’s ruling rejecting his immunity arguments, Smith wrote. Resolution of the novel legal question is necessary to ensure the case proceeds “promptly,” he argued.
By coming directly to the Supreme Court, Smith is hoping to bypass a federal appeals court and is mounting an aggressive bid to keep the timing of the election-focused trial on track. If the March 4 trial date sticks, it would be the first trial for Trump in the four criminal cases he is facing as he mounts a bid for re-election to the White House.
“The United States recognizes that this is an extraordinary request. This is an extraordinary case,” Smith wrote in the petition.