WASHINGTON (CN) —Donald Trump pushed for a delay at the Supreme Court on Wednesday, hoping to convince the justices to slow down an appeals court fight over presidential immunity ahead of his March 2024 trial for efforts to overturn the 2020 election.
“‘This case presents a fundamental question at the heart of our democracy,’ — whether a president may be criminally prosecuted for his official acts,” wrote D. John Sauer, an attorney with the James Otis Law Group representing Trump. “The ‘paramount public importance’ of that question, calls for it to be resolved in a cautious, deliberative manner — not at breakneck speed.”
Trump said the justices should allow the ordinary review process to prevail, requiring the DC Circuit to review his presidential immunity defense prior to the Supreme Court. The former president claimed skipping the appeals court would rush the process.
“The special counsel urges this court to bypass those ordinary procedures, including the longstanding preference for prior consideration by at least one court of appeals, and rush to decide the issues with reckless abandon,” Sauer wrote.
The D.C. Circuit has already set a rapid review schedule for Trump’s appeal, which the former president says is a sign the court doesn’t need to step in yet. Trump accuses the special counsel of playing politics to put him on trial prior to the 2024 election.
“He confuses the ‘public interest’ with the manifest partisan interest in ensuring that President Trump will be subjected to a months-long criminal trial at the height of a presidential campaign where he is the leading candidate and the only serious opponent of the current administration,” Sauer wrote.
Last week the justices agreed to an expedited review on whether or not to hear the case. Although a federal judge ruled against Trump’s immunity defense, special counsel Jack Smith wants the justices to quickly settle the dispute to avoid delaying Trump’s trial set to start in March.
The former president faces four criminal counts for election interference efforts leading up to the Capitol insurrection on Jan. 6, 2021. Smith charged Trump with conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of an official proceeding and conspiracy against rights.
Trump’s defense relies on the Supreme Court’s ruling in Nixon v. Fitzgerald, where the high court said Nixon had immunity from civil suits related to his official duties. Trump views Fitzgerald as having absolute immunity from any crimes — extending that liability to criminal charges.
U.S. District Judge Tanya Chutkan rejected Trump’s absolute immunity claim, finding that presidents are not entitled to a lifelong get-out-of-jail-free pass for federal criminal liability. Trump asked the DC Circuit to reverse.
Seeing the writing on the wall, Smith brought the issue to the justices, assuming the Supreme Court would have to weigh in on the question before the case could go to trial.
He asked the court to use U.S. v. Nixon — the fight over Nixon’s Oval Office tapes — as a model for how to proceed. In Nixon, the justices granted the request, heard arguments and issued a ruling in just two months. That timeline would allow the scheduled March trial to proceed without delay.
With Trump's filing, the Supreme Court could decide the fate of Smith's petition at any time.
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