Supreme Court Takes Action on Trump Prosecution

Regarding the Jan. 6 indictment of President Trump, Special Counsel Jack Smith asked the Supreme Court to decide if the President is “immune” from prosecution for 2020 U.S. election interference. Trump’s legal team must respond to the motion by December 20.

Fox News reports on Smith’s request for expediency:

The Supreme Court has indicated it will expedite consideration of a petition by special counsel Jack Smith on whether former President Donald Trump can be prosecuted on charges he plotted to overturn the 2020 election results.

Smith made his request for the court to act with unusual speed to prevent any delays that could push back the trial until after next year’s presidential election.

Trump’s trial in the election interference case is set to begin in March.

The Court has asked Trump’s lawyers to respond to the special counsel’s motion by next Wednesday, December 20 – two days later than Smith had requested.

Smith is skipping the Court of Appeals because he wants this federal case to start on March 4, the day before Super Tuesday – when the majority of states will vote in the 2024 presidential primary. Arguing that politics isn’t involved in Trump’s scheduled court cases is absurd.

For Trump’s Jan. 6 case, the Supreme Court has not yet agreed to take up the case, only agreeing to expedite its decision of whether or not to take the case. There’s no guarantee that the Court will agree to hear the case at all at this point.

The constitutional question at the heart of this case is whether or not a former President can be indicted for actions that occurred while he was in office.

My dad, ACLJ Chief Counsel Jay Sekulow, personally defended President Trump, arguing for a “limited temporary immunity,” at the Supreme Court in 2020. He pointed out how the Founding Fathers didn’t want local magistrates interfering in the President’s responsibilities.

Again, Smith’s intent is to get his Jan. 6 case to trial by Super Tuesday. I’m appalled at this scheduled date because a case of this magnitude involving a former President would normally never move so quickly. We are witnessing a clear attempt at election interference.

The Left is doing everything it can to keep Trump from running for President in 2024. As you know, the Left is also trying to ban Trump from state primary ballots by twisting the 14th Amendment. We’ve fought back in numerous states and won.

If the Left can employ these tactics against President Trump without proper judicial process, then they can do it to any future presidential nominees. We are setting a very dangerous precedent for our country. But your ACLJ is doing everything it can to preserve election integrity for 2024 and beyond.

Former Rep. Tulsi Gabbard joined our show to comment on Smith’s request for expediency:

Jack Smith, to me, has completely once again revealed his true motives here, which is to stop Donald Trump from – perhaps being on a ballot – but [also] from being elected president if the American people were to make that choice. This is the only reason why he would be making this extraordinary request of the Supreme Court to make this urgent and expedited ruling. . . . Here’s a guy working for the Department of Justice who is directly and in broad daylight trying to undermine our election right before our eyes.

Rep. Gabbard is right. The rule of law must prevail in America. If it doesn’t, then our democracy is in danger as voters in America are denied the constitutional right to vote for the candidate of their choice.

The ACLJ can’t fight against the radical Left’s attempts to subvert the rule of law without your help. We are in the middle of our Faith & Freedom Year-End Drive to fund our legal efforts. Donate today, and your gift will be doubled.

Today’s Sekulow analyzed the legal implications of Smith’s attempt to get an expedited review. ACLJ Senior Advisor for National Security and Foreign Policy Ric Grenell also gave a firsthand account of Smith’s questionable legal tactics in international courts.

Watch the full broadcast below: