Legal Question Presented to Supreme Court: Does Trump Have Immunity from Prosecution?

Former US President Donald Trump is accused in the indictment of conspiring to overthrow the 2020 election using false information election fraud charges.

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U.S. Special Counsel Urges Supreme Court Swift Action on Trump’s Immunity

Jack Smith, the U.S. special counsel, has urgently petitioned the Supreme Court to quickly rule on whether former President Donald Trump has immunity for conspiring to rig the 2020 election. Smith asks the Supreme Court to affirm U.S. District Judge Tanya Chutkan’s judgment to proceed with the March 4 Washington trial. This action may prevent Trump’s federal appellate court challenge, which might take time. The Supreme Court scheduled arguments and asked for Trump’s legal team’s submissions by December 20.

The legal issue is whether Trump can be prosecuted for his activities in late 2020 and early 2021. To avoid trial delays until after the 2024 presidential election, Smith directly petitioned the Supreme Court. Despite four felony indictments, Trump is a major 2024 Republican presidential candidate. The urgency derives from the possibility that Trump could influence the dismissal of his cases if reelected.

Trump appointed three Supreme Court judges, but the court dismissed challenges to the 2020 election results and presidential immunity claims. Prosecutors say the case questions a former president’s immunity from federal prosecution for crimes committed while in office. They urge the Supreme Court to act quickly and proceed with the trial if Trump’s immunity claim is denied.

READ ALSO: Trump Says He Won’t Testify Again at His New York Fraud Trial

Trump Faces Indictment for Alleged Election Conspiracy

The indictment accuses Trump of conspiring to overturn the 2020 election via bogus election fraud accusations. Trump urged supporters to interrupt Congress’s certification of the Electoral College results on January 6, 2021, which led to the Capitol storming. More than 600 demonstrators were sentenced after 1,100 arrests.

Chutkan, the trial judge, rejected presidential immunity arguments, stating that previous presidents are not exempt from federal criminal accountability and that Trump may be investigated, indicted, and prosecuted for office-related crimes.

READ ALSO: Supreme Court Asked to Decide if Trump Is Immune From Prosecution

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