Feb. 14 (UPI) — Special counsel Jack Smith asked the Supreme Court on Wednesday to deny Donald Trump’s request to prevent his election interference case from moving toward trial as he appeals a federal court’s ruling that denied him a broad claim of presidential immunity against federal election interference charges.
Trump was indicted in August on four federal charges related to alleged efforts to overturn the 2020 federal election that culminated in the Jan. 6, 2021, siege of the Capitol building by his supporters.
The former president has tried to dismiss the case on a claim he is immune to the charges as he was president at the time — a claim that has been rejected by the courts.
Trump’s attorneys on Monday filed an emergency request asking the Supreme Court to temporarily block the U.S. Circuit decision that found he does not enjoy immunity as he seeks appeal.
On Wednesday, Smith filed his 39-page response, arguing the former president’s claims have no merit and further delay of the trial is not in the public’s interest.
Trump has argued that he is immune to criminal prosecution on charges that Congress did not previously impeach and convict him of, which Smith said is an argument that has “no support in constitutional text, separation-of-powers principles, history or logic.”
“If that radical claim were accepted, it would upend understandings about presidential accountability that have prevailed throughout history while undermining democracy and the rule of law — particularly where, as here, a former president is alleged to have committed crimes to remain in office despite losing an election, thereby seeking to subvert constitutional procedures for transferring power and to disenfranchise millions of voters,” Smith said.
Smith said the charges against Trump “strike at the heart of our democracy” and that his alleged attempts to overturn an election and prevent the peaceful transfer of power “should be the last place to recognize a novel form of absolute immunity from federal criminal law.”
The special counsel also said that Trump seeks to prevent litigation in the district court to move the trial, which had been set for March 4, and he has not shown that it is in the public’s favor to do so.
“Delay in the resolution of these charges threatens to frustrate the public interest in a speedy and fair verdict — a compelling interest in every criminal case and one that has unique national importance here, as it involves federal criminal charges against a former president for alleged criminal efforts to overturn the results of the presidential election, including through the use of official power,” he said.
If the justices see merit in Trump’s claims and order a delay, Smith asked that they do so quickly, so that if the court rejects it, the trial can begin with minimal delay.
“The public interest weighs heavily in favor of this court’s issuance of its decision without delay,” Smith said. “And in order for the court to decide this case in its present term, expedited briefing and argument is necessary.”
