The Supreme Court said Monday it will take up former President Donald Trump’s claim of presidential immunity and decide whether he can be prosecuted for alleged crimes committed while he was in office.
The court said in an order that it had granted Special Counsel Jack Smith’s request to consider the issue and ordered Mr. Trump’s legal team to file briefs by Dec. 20.
Mr. Smith bypassed federal appeals courts and went directly to the Justice seeking to settle the matter before the scheduled March start of Mr. Trump’s trial on criminal charges related to attempts to overturn the 2020 election results.
The special counsel asked for the high court to expedite the hearing.
The justices usually hear cases in January, February, March and April before focusing on writing and issuing opinions before the term wraps up in June.
In an 81-page filing earlier on Monday, Mr. Smith said the issue is critical to democracy and the high court must settle the question of whether Mr. Trump is immune from federal prosecution for crimes he allegedly committed while president.
“A cornerstone of our constitutional order is that no person is above the law. The force of that principle is at its zenith where, as here, a grand jury has accused a former President of committing federal crimes to subvert the peaceful transfer of power to his lawfully elected successor. Nothing could be more vital to our democracy than that a President who abuses the electoral system to remain in office is held accountable for criminal conduct,” Mr. Smith wrote.
It took at least four justices to vote in favor of hearing the dispute, though the order does not say which justices voted to hear it.
The charges against Mr. Trump are conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of an official proceeding, and conspiracy against the right to vote.
His lawyers claimed that presidential immunity should shield him from the charges.
A federal judge in Washington ruled against Mr. Trump’s claim of presidential immunity. The feds went straight to the high court to prevent Mr. Trump from delaying the trial, which could have potentially been postponed until after the 2024 election.
A spokesperson from Mr. Trump’s campaign said Mr. Smith’s goal is to stop the former president from returning to the White House and is trying for a “Hail Mary” to have the high court settle the matter.
“As President Trump has said over and over again, this prosecution is completely politically motivated. It is an unprecedented attack against Crooked Joe Biden’s Political Opponent — Banana Republic style! There is absolutely no reason to rush this Witch Hunt to trial, except to injure President Trump and his 150 million, at least, supporters. President Trump will continue to fight for Justice and oppose these authoritarian tactics,” said a spokesperson from the Trump campaign.
Depending on how the court could rule on the matter, it could impact other federal prosecutions of Mr. Trump. He also is charged with illegal possession and mishandling of classified government documents after leaving office.
