Donald Trump legal team filed a motion to dismiss in the January 6 case based on absolute presidential immunity. It was denied by Judge Chutkan in a completely rigorous and thorough manner. So, Trump’s team appealed the decision.  The start date of March 4, 2024 in court was likely to slip due to the pre-trial filings.  

Jack Smith has asked the Supreme Court whether Donald Trump has immunity from criminal prosecution for alleged crimes he committed while in office. Trump’s lawyers have stated that his alleged actions over the 2020 election results were part of his official duties at the time and therefore he is protected by presidential immunity. Smith has asked this review be expedited, so the trial date can be maintained.

Jack Smith’s petition simply excerpts critical elements of Judge Chutkan’s decison. One example:

Holding a former President criminally accountable is “essential to fulfilling our constitutional promise of equal justice under the law.” 

Nothing in the US Constitution provides immunity to ex-presidents. The conservatives on the Supreme Court will have a difficult time trying to invent some special immunity for Trump, so he can evade the charges. 

In the petition, Judge Chutkan’s decision is included as an appendix. So, there are no surprises to Trump’s legal team.  Trump must respond to the petition by December 20, so the Supreme Court can decide whether to consider the case.  

See CNN link

I am hoping that the Supreme Court will rule against Trump. Presidents or other government officials might avoid prosecution for their criminal actions when they are in office. But, once out of office, they should have to be accountable. 

Stay tuned,

Dave

Smith’s brief is available on the Supreme Court website and the link below.