Special counsel Jack Smith is urging a federal appeals court to reject former President Donald Trump’s claims that he is immune from prosecution
Special counsel Jack Smith urged a federal appeals court Saturday to reject former President Donald Trump’s claims that he is immune from prosecution, saying the suggestion that he cannot be held to account for crimes in office “threatens the democratic and constitutional foundation» of the country.
The filing from Smith’s team was submitted ahead of arguments next month on the legally untested question of whether a former president can be prosecuted for acts taken while in the White House.
Though the matter is now being considered by the U.S. Court of Appeals for the District of Columbia Circuit, it’s likely to come again before the Supreme Court, which earlier this month rejected prosecutors’ request for a speedy ruling in their favor holding that Trump can be forced to stand trial on charges that he plotted to overturn the results of the 2020 election.
The outcome of the dispute is critical for both sides especially since the case has been effectively paused while Trump advances his immunity claims in the appeals court.
Prosecutors are hoping a swift judgment rejecting those arguments will restart the case and keep it on track for trial, currently scheduled for March 4 in federal court in Washington. But Trump’s lawyers stand to benefit from a protracted appeals process that could significantly delay the case and potentially push it beyond the November election.
Trump’s lawyers maintain that the appeals court should order the dismissal of the case, arguing that as a former president he is exempt from prosecution for acts that fell within his official duties as president.
