Special counsel Jack Smith asked the U.S. Supreme Court on Wednesday to reject former President Donald Trump’s request to delay his Washington D.C. case on charges of election interference.
On Monday, Trump filed an emergency motion with the nation’s highest court to pause an appeals court ruling that rejected his claims of presidential immunity. Smith told the high court there was no reason for a stay in the case. Smith wants the Supreme Court to allow Trump’s election interference case to move ahead.
“Delay in the resolution of these charges threatens to frustrate the public interest in a speedy and fair verdict – a compelling interest in every criminal case and one that has unique national importance here, as it involves federal criminal charges against a former President for alleged criminal efforts to overturn the results of the Presidential election, including through the use of official power,” Smith’s team wrote.
Trump’s defense team said anything other than a stay would result in “irreparable” harm to Trump.
“Conducting a months-long criminal trial of President Trump at the height of election season will radically disrupt President Trump’s ability to campaign against President Biden – which appears to be the whole point of the Special Counsel’s persistent demands for expedition,” Trump’s team wrote in Monday’s filing.
Smith wants the D.C. case to move forward, whether the Supreme Court wants to take it up or not. And he wants it done fast.
“If, however, this Court believes that applicant’s claim merits review at this time, the government respectfully requests that it treat the application as a petition for a writ of certiorari, grant the petition, and set the case for expedited briefing and argument,” prosecutors wrote. “An expedited schedule would permit the Court to issue its opinion and judgment resolving the threshold immunity issue as promptly as possible this Term, so that, if the Court rejects applicant’s immunity claim, a timely and fair trial can begin with minimal additional delay.”
Earlier this month, a federal appeals court dealt Trump’s defense a major blow when it said he doesn’t have presidential immunity to protect him from charges of election interference.
Smith’s team of federal prosecutors charged Trump with four federal counts related to contesting the 2020 election and the storming of the U.S. Capitol building on Jan. 6, 2021. The charges include conspiracy to obstruct an official proceeding, conspiracy to defraud the United States, obstruction, and conspiracy against the right to vote and to have one’s vote counted, according to the indictment. Trump has pleaded not guilty to all charges.
Judge Tanya Chutkan previously delayed the trial date indefinitely. It had been set for March 4, the day before Super Tuesday. The judge has yet to set a new date for the trial.