The United States Supreme Court said today it will not grant special counsel Jack Smith’s request to quickly rule on whether former President Donald Trump had immunity when the attack on the Capitol occurred.
This issue will now be decided primarily by the U.S. Court of Appeals for the District of Columbia Circuit, which has indicated it will rule on the case quickly, the Associated Press (AP) reported.
Jack Smith has warned that even a quick ruling from the appeals court may not reach the Supreme Court in time for a review and a final word before the court’s traditional summer break.
The special counsel urged the US highest court to intervene over concerns that the decision could delay the start of Trump’s trial, scheduled for March 4, after next year’s presidential election.
U.S. District Judge Tanya Chutkan has put the case on hold while Trump tries to prove in higher courts that he had immunity at the time of the events.
Chutkan raised the possibility of maintaining the March date, in the circumstance that the case returns to his court soon. For now, he rejected Trump’s defense arguments that a former president cannot be charged for actions within the scope of his official duties.
Justice Department policy prohibits the prosecution of a sitting president.
But Trump’s lawyers say the Republican tycoon cannot be charged for actions within his official duties as president, a claim prosecutors strongly reject.
Trump is accused of inciting the violent attack on the Capitol on January 6, 2021, and is being prosecuted for several crimes, the most serious of which is conspiracy to obstruct the certification of Democrat Joe Biden’s election victory, which carries a maximum penalty of 55 years in prison can be imposed.
The hearing could be postponed if pending issues, such as those involving Trump’s immunity, are not resolved by the Supreme Court, which has a conservative majority. the presidential elections, November 2024.
This body can still act quickly if the court of appeal issues a ruling. A Supreme Court case usually takes several months, but in rare cases the judges have ruled quickly.
Nearly fifty years ago, the justices acted within two months of being asked to force President Richard Nixon to turn over the recordings of the Watergate scandal. The recordings were used in late 1974 in corruption cases against former Nixon employees.
Source: DN
