Trump and his legal professionals have been claiming that surviving impeachment offers Trump immunity from additional prosecution, so Jack Smith has requested the Supreme Court docket to listen to the declare and decide.
The Special Counsel wrote in his petition to the court:
This case presents a elementary query on the coronary heart of our democracy: whether or not a former President is totally immune from federal prosecution for crimes dedicated whereas in workplace or is constitutionally protected against federal prosecution when he has been impeached however not convicted earlier than the felony proceedings start.
The district court docket rejected respondent’s claims, accurately recognizing that former Presidents should not above the legislation and are accountable for his or her violations of federal felony legislation whereas in workplace. App., in-fra, 7a-38a, 46a-53a. Respondent’s enchantment of the ruling rejecting his immunity and associated claims, nonetheless, suspends the trial of the costs in opposition to him, scheduled to start on March 4, 2024.
It’s of crucial public significance that respondent’s claims of immunity be resolved by this Court docket and that respondent’s trial proceed as promptly as potential if his declare of immunity is rejected. Respondent’s claims are profoundly mistaken, because the district court docket held. However solely this Court docket can definitively resolve them.
The Court docket ought to grant a writ of certiorari earlier than judgment to make sure that it may possibly present the expeditious decision that this case warrants, simply because it did in United States v. Nixon, 418 U.S. 683, 686-687 (1974).
Smith famous the extraordinary nature of the petition, “The United States recognizes that this is an extraordinary request. This is an extraordinary case. The Court should grant certiorari and set a briefing schedule that would permit this case to be argued and resolved as promptly as possible.”
The Conservative SCOTUS Majority Has Been Hostile To Expansions Of Govt Energy
The Particular Counsel has a great likelihood of prevailing earlier than the Supreme Court docket as a result of one of many consistencies of this court docket is that it doesn’t look kindly upon expansions of government energy that aren’t within the Structure. Donald Trump is claiming a type of government immunity that’s not within the Structure.
The chances should not excessive that the Supreme Court docket goes to redefine presidential immunity. Trump has claimed that as a result of he was not convicted at his impeachment trial, he has immunity, and additional prosecution is double jeopardy, however impeachment trials should not felony proceedings.
Previous court precedent has decided that presidential immunity isn’t limitless. A president can’t be immune from prosecution for crimes dedicated whereas in workplace.
The immunity declare is Trump’s huge stall tactic, and Jack Smith is smashing it by going on to the Supreme Court docket in order that Trump can’t run out the clock till Election Day in 2024.
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Jason is the managing editor. He’s additionally a White Home Press Pool and a Congressional correspondent for PoliticusUSA. Jason has a Bachelor’s Diploma in Political Science. His graduate work centered on public coverage, with a specialization in social reform actions.
Awards and Skilled Memberships
Member of the Society of Skilled Journalists and The American Political Science Affiliation
