Trump files Supreme Court response on immunity ruling

Lawyers for Donald Trump on Wednesday urged the Supreme Court not to consider — yet — the question of whether he has presidential immunity from prosecution for federal crimes related to trying to overturn his 2020 election loss.

Trump’s lawyers, in a new filing, objected to Department of Justice special counsel Jack Smith’s efforts to fast-track that issue by asking the Supreme Court to take up that question now, instead of first having the federal appeals court in Washington, D.C., issue its final decision on the matter.

“The Special Counsel urges this Court to bypass those ordinary procedures, including the longstanding preference for prior consideration by at least one court of appeals, and rush to decide the issues with reckless abandon,” Trump’s lawyers wrote.

Federal district court Judge Tanya Chutkan in early December ruled that Trump does not have absolute immunity from prosecution even though he was president at the time of the alleged crimes.

Trump is appealing that ruling to the D.C. Circuit Court of Appeals.

Smith’s request that the Supreme Court grab the appeal out of that court now is seen as an effort to quickly resolve the issue, and potentially allow Trump’s criminal trial to begin as scheduled in March. If the Supreme Court takes the case it is likely to schedule briefing deadlines and arguments quickly, and potentially rule within months.

Trump’s desire to slow-walk the appeal, in turn, is seen as an attempt to delay that trial, potentially until after the 2024 presidential election. As of now, Chutkan cannot take any action in the case while her ruling is being appealed.

Trump is the front-runner for the Republican presidential nomination.

If Trump loses his appeal at the D.C Circuit court, he is certain to ask the Supreme Court to overturn Chutkan’s ruling. Three of the nine Supreme Court justices were appointed by Trump.

He has pleaded not guilty in the case, and in three other criminal cases in which he was charged earlier this year.

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