Trump’s lawyers have repeatedly tried to delay the trial until November 2024 so that Trump can participate in the next presidential election.
“This case raises a fundamental question at the heart of our democracy: whether a former president has absolute immunity from federal prosecution for crimes committed while in office,” Smith said in a document filed with the highest court in the United States. “Unless the defendant has immunity, these charges should receive a fair and speedy trial.”
“The United States recognizes that this is an extraordinary request,” the special counsel said. “This is something extraordinary.”
The Supreme Court said it would expedite Smith’s request to take over the case and asked Trump’s lawyers to present their position on the special counsel’s request by Dec. 20.
Trump himself has pleaded not guilty to charges of conspiracy to rig the 2020 election, as well as charges stemming from three other criminal proceedings.
He argues that his prosecution should be prohibited under the principle of “double culpability”, which states that a person cannot be charged twice with the same crime. He maintains that his second impeachment trial, in which he was tried for inciting the mob that stormed the Capitol on January 6, 2021 and was ultimately acquitted by the Senate, amounted to a criminal charge and therefore cannot be re-examined.
A Trump spokesman condemned special counsel Smith’s request, saying “there is no reason to rush this sham trial other than to harm Trump.”
Earlier, District Judge Tanya Chutkan, who will preside over the former president’s first criminal trial, rejected the immunity request.
“There is only one chief executive in the United States, and that position does not carry lifetime get-out-of-jail-free rights,” Chutkan said. “The defendant’s four years of service as commander-in-chief did not confer upon him the divine right of kings to escape criminal responsibility.”
The historic trial of the former president is scheduled to begin in Washington on March 4, 2024. The United States presidential election will take place on November 5, 2024.
