WASHINGTON (AP) 鈥� Lawyers for former President Donald Trump urged the U.S. Supreme Court on Wednesday to stand down from a dispute over whether he can be prosecuted on charges he
Special counsel Jack Smith's team last week to take up and quickly consider Trump's from prosecution as a former president. The unusual request for a speedy ruling seemed designed to prevent any delays that could postpone of the 2024 Republican presidential primary front-runner, currently set to begin March 4, until after next year鈥檚 presidential election.
But Trump's lawyers told the Supreme Court that there was no reason for them to take up the matter now, especially because a lower appeals court in Washington is already considering the same question, and has scheduled arguments for Jan. 9.
鈥淚mportance does not automatically necessitate speed. If anything, the opposite is usually true. Novel, complex, sensitive, and historic issues 鈥� such as the existence of presidential immunity from criminal prosecution for official acts 鈥� call for more careful deliberation, not less," Trump's lawyers wrote.
With Trump as he seeks to reclaim the White House, a core aspect of his defense strategy has been to try to delay the prosecutions, including until after the election, to prevent them from interfering with his candidacy. In urging the Supreme Court to defer consideration of the immunity question, the defense lawyers are looking to avoid a quick and definitive answer that could push the case toward trial early next year.
鈥淭his appeal presents momentous, historic questions. An erroneous denial of a claim of presidential immunity from criminal prosecution unquestionably warrants this Court鈥檚 review,鈥� the lawyers wrote. But, they added, that does not mean that the court should take 鈥渢he case before the lower courts complete their review.鈥�
They also said that the special counsel鈥檚 push to get the case to trial swiftly creates the appearance of political motivation: 鈥渢o ensure that President Trump 鈥� the leading Republican candidate for President, and the greatest electoral threat to President Biden 鈥� will face a months-long criminal trial at the height of his presidential campaign.鈥�
鈥淎s soon as the Special Counsel鈥檚 petition was filed, commentators from across the political spectrum observed that its evident motivation is to schedule the trial before the 2024 presidential election鈥攁 nakedly political motive,鈥� they wrote.
A separate question before the court is Trump鈥檚 argument that he cannot be prosecuted in court for conduct for which he was 鈥� but then acquitted 鈥� before Congress. That argument has by U..S. District Court Judge Tanya Chutkan, who is presiding over the case.
The Supreme Court has indicated that it will decide quickly whether to hear the case but has not said what it will ultimately do.
while Trump further pursues his claim that he is exempt from prosecution. But she left open the possibility of preserving the current trial date if the case returns to her court, saying that date and other deadlines were being paused rather than canceled.
At issue is Trump's claim that he is entitled to immunity for actions he took as part of his official duties as president. The Supreme Court has held that presidents are immune from civil liability for actions related to their official duties. But courts have never before had to wrestle with whether such immunity extends to criminal prosecution.
Chutkan ruled this month that former presidents "enjoy no special conditions on their federal criminal liability.鈥�
Trump's team then , but special counsel Smith took the unusual step of attempting to bypass the appeals court 鈥� the usual next step in the process 鈥� and asking the Supreme Court take up the matter directly. Smith鈥檚 team or in court precedent, to support the idea that a former president cannot be prosecuted for criminal conduct committed while in the White House.
"The United States recognizes that this is an extraordinary request. This is an extraordinary case,鈥� prosecutors wrote in asking for the Supreme Court's intervention.
The Supreme Court is expected to soon be asked to weigh in Trump鈥檚 lawyers have vowed to appeal to the high court a decision on Tuesday barring him from Colorado鈥檚 ballot under Section 3 of the 14th Amendment, which prohibits anyone who swore an oath to support the Constitution and then 鈥渆ngaged in insurrection鈥� against it from holding office.
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Richer reported from Boston.
Eric Tucker And Alanna Durkin Richer, The Associated Press
