Jack Smith BEGS Supreme Court: No Delay, Let Trump's Trial Proceed BEFORE Elections

This plea comes in the wake of attempts by Trump and his legal team to stall the case while the court deliberates on his claim of presidential immunity.

In a comprehensive 40-page document, Smith contended, "the public interest in a prompt trial is at its zenith where, as here, a former president is charged with conspiring to subvert the electoral process so that he could remain in office." The prosecution team emphasized that the allegations against Trump "strike at the heart of our democracy," underscoring the case's "unique national importance."

"The national interest in resolving those charges without further delay is compelling," the prosecutors added. As reported by the Associated Press, a lower court previously dismissed Trump's immunity defense. Smith has urged the Supreme Court to uphold this decision and reject Trump's claim.

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Smith warned that granting Trump immunity would set a dangerous precedent, stating that his "alleged criminal scheme to overturn an election and thwart the peaceful transfer of power to his successor should be the last place to recognize a novel form of absolute immunity from federal criminal law."

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February 16, 2024

However, Smith conceded that if the Supreme Court decides to consider the immunity defense, arguments should be scheduled for March, with a final ruling due by the end of June.

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Trump has countered that the threat of post-presidential criminal charges could inhibit future presidents' ability to govern effectively. He also suggested that allowing his prosecution could pave the way for politically-driven cases against other leaders.

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Prosecutors dismissed these assertions, arguing that "that dystopian vision runs contrary to the checks and balances built into our institutions and the framework of the Constitution," which has "guardrails [that] ensure that the legal process for determining criminal liability will not be captive to 'political forces'."

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Smith's filing concluded with a call to action: “The application for a stay of the mandate should be denied. Alternatively, the Court should treat the application as a petition for a writ of certiorari, grant the petition, and order expedited briefing and argument.”