US prosecutor asks Supreme Court to let Donald Trump immunity ruling stand

Former US president and 2024 presidential hopeful Donald Trump on February 12, appealed to the US Supreme Court to block a lower court ruling that had denied his claim to immunity for alleged crimes while he was president. File picture Julia Nikhinson / AFP

Former US president and 2024 presidential hopeful Donald Trump on February 12, appealed to the US Supreme Court to block a lower court ruling that had denied his claim to immunity for alleged crimes while he was president. File picture Julia Nikhinson / AFP

Published Feb 15, 2024

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US prosecutors on Wednesday pushed back against Donald Trump's legal bid to have a lower court ruling that denied his claim to presidential immunity suspended by the Supreme Court.

As prosecutors aim to try Trump for his efforts to overturn the 2020 election, the former president has claimed that he is immune from criminal liability for actions he took while in the White House.

Earlier this month, a federal appeals court ruled his immunity claim is "unsupported" by the constitution, prompting Trump on Monday to seek to have that ruling stayed -- or suspended -- by the Supreme Court.

But special counsel Jack Smith, leading the prosecution against Trump, on Wednesday asked the court to reject Trump's application to have the ruling stayed.

Trump wants the ruling stayed while he appeals it, potentially all the way up to the Supreme Court itself.

Smith's prosecution of Trump was originally scheduled to open March 4, but the former president's appeals have frozen the process -- and would continue to do so if the Supreme Court stays the appeals court ruling.

"Delay in the resolution of these charges threatens to frustrate the public interest in a speedy and fair verdict -- a compelling interest in every criminal case and one that has unique national importance here," Smith wrote to the court.

He noted that the Supreme Court already declined, in December, a chance to pre-empt the appeals court and rule directly on Trump's immunity, and also asked for speed if the court decides it wants to review Trump's eligibility.

"An expedited schedule would permit the court to issue its opinion and judgment resolving the threshold immunity issue as promptly as possible," Smith said. "If the court rejects applicant's immunity claim, a timely and fair trial can begin with minimal additional delay."

Smith's case is one of four criminal cases following the ex-president as he seeks rematch with Joe Biden in November's election.

AFP