On Monday, special counsel Jack Smith called on the Supreme Court to dismiss former President Trump’s assertions of immunity, aiming to prevent any further delays in the trial regarding Trump’s federal election subversion case in Washington, D.C.
In a filing submitted to the high court on Monday night, Smith contended that Trump’s assertion of immunity for his actions on January 6 undermines the fundamental principle that no individual, including the president, is “above the law.”
Smith stated, “The former president’s constitutional duty to ensure that the laws are faithfully executed does not confer a general right to violate them.”
Smith further argued that even if the court recognizes some level of presidential immunity, Trump’s use of official authority “was merely an additional means of achieving a private aim” and should be subject to prosecution based on personal conduct.
“The Framers never supported the idea of criminal immunity for a former president, and all presidents from the Founding era to today have understood that after leaving office, they could face potential criminal liability for their official actions,” Smith added. Trump and his legal team maintain that his actions surrounding the January 6, 2021, insurrection are shielded by presidential immunity.
In February, Trump requested the Supreme Court justices to pause his trial but sought to delay consideration of the immunity claims until he has exhausted his options for appeal in a lower court.
This process could have taken weeks or even months, and at Smith’s recommendation, the Supreme Court agreed to address the matter on an expedited basis. The justices are set to hear oral arguments on April 25, with a ruling expected by the end of June or possibly sooner.
Originally, the trial for the election subversion case was scheduled to commence in early March; however, proceedings are currently on hold while the Supreme Court deliberates the argument. Critics of Trump argue that his immunity claim is simply another tactic to postpone his trial until after the November election.
As the likely GOP nominee for president in this election cycle, Trump’s victory could allow him to appoint an attorney general who might seek to have his federal charges, including this case, dismissed.
Trump is facing four felony counts related to his alleged involvement in a conspiracy to defraud the United States, with prosecutors asserting that he was at the center of efforts to obstruct the certification of votes for President Biden on that day.
