Cancellation of 2020 elections: Сourt is urged not to allow Trump to evade responsibility
Photo: former U.S. President Donald Trump (Flickr.com)
Special prosecutor Jack Smith on Wednesday, February 14, called on the Supreme Court of the United States to reject Donald Trump's motion, which seeks to prolong the proceedings in the case attempting to overturn the politician's defeat in the 2020 elections, according to NBC News.
Smith filed his response to Trump's request six days before the court's deadline. The former president, through his motion, is attempting to prolong the legal process and gain more time to potentially overturn the indictment based on presidential immunity if elected president.
In his statement, Special Prosecutor Smith noted that Trump's attempt to suspend the appellate court's decision, which rejected his lawsuit regarding immunity, does not meet the necessary requirements for Supreme Court intervention.
"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.
He added that the case "involves federal criminal charges against a former president for alleged criminal efforts to overturn the results of the presidential election, including through the use of official power."
Smith stated that if the court is inclined to grant Trump's request, it should promptly consider the case on an expedited schedule and make a decision "as promptly as possible" to allow the judicial proceedings to continue.
He suggested that the court may entertain oral arguments as early as March, providing time for a decision to be rendered by the end of June, which is typically when the court's term concludes.
Appeal and suspension of legal proceedings
On February 6, the District of Columbia Court of Appeals issued a decision against Trump in the immunity case. A three-judge panel granted Trump time to file an extraordinary appeal to the Supreme Court to prevent the decision from taking effect.
U.S. District Judge Tanya Chutkan in Washington initially scheduled the court hearing for March 4. This is one of four criminal cases pending against the politician.
If Trump wins the presidential election, he could seek the dismissal of charges, and if he is already convicted, he may request a pardon.
The politician's lawyers argue that presidents should have complete immunity for official actions taken while in office and that his actions, which cast doubt on the results of the 2020 elections, were part of his official duties. Among the legal issues in his case is whether Trump's attempts to interfere in the elections constitute official actions.
If Trump's prosecution is allowed to proceed, "such prosecutions will recur and become increasingly common, ushering in destructive cycles of recrimination," wrote his lawyers in the submission to the Supreme Court.
Case on the nullification of the 2020 Presidential election
Donald Trump is accused of attempting to obstruct Congress and defraud the U.S. government through schemes aimed at overturning the victory of Democratic President Joe Biden in the November 2020 elections.
The politician argues that the case should be closed, asserting that former presidents cannot be held criminally responsible for conduct related to their official duties.
U.S. District Judge Tanya Chutkan dismissed this lawsuit on December 1, after which Trump appealed to the federal appeals court in Washington.
Special Prosecutor Smith urged the Supreme Court on December 11 to expedite a decision to avoid prolonging the legal process.
On December 14, U.S. District Judge Tanya Chutkan granted Trump's request to suspend the hearing scheduled for March in the case involving interference in the 2020 elections. The proceedings and future dates in the case are suspended until the politician files a lawsuit seeking full immunity from criminal charges. The order is a schedule delay and does not cancel all dates.
