The Justice Department urged an appeals court to reject broad immunity claims in civil lawsuits filed in response to an insurrection at the Capitol on January 6. Additionally, they asked that this case be expedited as quickly as possible.
Trump’s lawyers contend they require additional time to go over classified discovery materials that require security clearances and secured facilities in order to view.
What is the case?
The Supreme Court will soon make history when they rule for the first time on whether a former president can be prosecuted on allegations that they interfered with the 2020 elections, potentially ruling there is no immunity protection for former commander-in-chiefs.
Jack Smith argued that this case had an “irresistibly urgent nature,” and asked that the court expeditiously rule on Trump’s immunity claims in this matter, thus expediting proceedings by several months.
But in a filing by lawyers representing Trump, they argued that the court shouldn’t be “compromised by cynical political considerations” and take its time in considering this matter. Additionally, their attorneys noted that government has failed to provide their team with necessary discovery materials, secure locations and clearances to review classified documents – which violates the Constitution. The Supreme Court will hear arguments on their request in late December and decide on its validity.
Why is it important?
Trump and his lawyers have relied on the assertion that official acts performed while in office can’t be prosecuted as an effective defense strategy against all his criminal cases, particularly efforts by Manhattan District Attorney Cy Vance to bring forward two hush money claims and to dismiss his ongoing $250 million civil fraud trial.
Jack Smith’s attorneys contend that Trump’s defense team needs years to prepare for an “unprecedented” case such as this and that any trial date proposed by prosecutors – January or otherwise – creates scheduling conflicts with other trials he faces, in particular his Supreme Court cases. Reviewing 11.5 million pages provided by prosecutors would equate to reading Tolstoy’s War and Peace from cover-to-cover 78 times!
Prosecutors assert that Trump’s attorneys are using misleading statistics and exaggerating the volume of evidence against their client. Furthermore, sensitive documents they need to review require security clearances and are located securely – making it hard for Trump’s legal team to gain access.
What is jack Smith trying to do?
RV: Jack Smith is an enigma. As an extraordinary thinker with the capacity to see both sides of any controversy and carefully consider them both, his writing can often be read differently by different readers leading to differing interpretations of his works.
Jack Smith wants the Supreme Court justices to consider his immunity claim directly. In other words, he wants them to hear it directly rather than through appeals courts first.
To achieve his goal, Smith has his assistant Clarissa Saunders arrange for the media to spread false reports about him before having Hopper testify that Smith attempted to profit from land funding bill by falsifying evidence of ownership. At his lowest point, he sits by Lincoln Memorial and stares into space, feeling devastated at being betrayed. Overcome by emotion, he collapses into faint.
What is Trump trying to do?
Trump has attempted to prevent himself from facing prosecution by asserting he enjoys immunity for any actions taken during his time as president. Additionally, he is fighting congressional requests for documents related to the Jan. 6 insurrection and encouraging former top aides not to speak with Congress.
On January 9, the court will hear arguments regarding his immunity defense, and should an appeals court uphold Chutkan’s ruling, Trump could potentially go on trial by March 2024 — just four months prior to another presidential election.
The Justice Department maintains that separation-of-powers principles and precedent make clear that former Presidents are not immune from being investigated, indicted, prosecuted and punished for criminal acts they committed while in office – such as false allegations about voter fraud which led to attempts at blocking or revoking election results in states Biden won. If found guilty he would be forced to vacate office immediately.
