Jack Smith Rolls the Dice With Surprise Request for the Supreme Court

Special Counsel Jack Smith made a bold move on Monday when he petitioned the Supreme Court and asked the justices to decide, once and for all, whether Donald Trump has presidential immunity from prosecution for his attempt to overturn the results of the 2020 election.

Smith’s 14-page petition explains that this issue is “of imperative public importance and must be resolved so that the trial can move forward “as promptly as possible.”

“This case presents a fundamental question at the heart of our democracy: whether a former President is absolutely immune from federal prosecution for crimes committed while in office,” Smith wrote in the court filing.

Smith made the move in hopes of bypassing a lengthy appeals process, as Trump tried his best to throw out the trial.

Earlier this month, Trump’s team appealed a lower court ruling by U.S. District Court Judge Tanya Chutkan, in which she denied Trump’s motion to dismiss his indictment on grounds of presidential immunity.

The appeal functionally suspends Trump’s trial, which Smith hopes to begin on March 4, 2024—one day before Super Tuesday. A definitive answer from the Supreme Court could allow Smith’s team to circumvent the appeal and for the trial to begin as scheduled without delay.

“The United States recognizes that this is an extraordinary request. This is an extraordinary case,” Smith wrote, and while it is extraordinary, there is some precedent for it. In his petition, Smith cited the 1974 case U.S. v. Nixon, in which the Supreme Court ordered President Richard Nixon to surrender tape recordings sought during the Watergate investigation.

We’ll see if Smith’s move pays off.