Special counsel Jack Smith, left, seen in Washington, D.C., on Aug. 1, and former President Donald Trump, seen in Palm Beach, Florida, on Nov. 8, 2022.
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The special counsel prosecuting Donald Trump for alleged criminal interference in the 2020 election asked the Supreme Court on Monday to hear an appeal on whether Trump is protected in the case by presidential immunity.
The request by special counsel Jack Smith could fast-track an answer to that question before Trump’s scheduled March trial date in U.S. District Court in Washington, D.C.
And if the Supreme Court takes the case, its ultimate ruling could determine whether Trump faces significant criminal exposure over his conduct on the heels of the 2020 election as he seeks the 2024 Republican presidential nomination.
“This case involves issues of exceptional national importance,” Smith’s office wrote in its request to the Supreme Court.
The motion says that Trump’s trial in Washington “cannot proceed while” his related appeal is pending.
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The trial judge in the case, Tanya Chutkan, recently ruled that Trump does not have presidential immunity from prosecution in the case.
Trump then asked the federal appeals court for Washington to reverse that decision.
Smith’s court filings Monday asked the appeals court to expedite Trump’s appeal, and also asked the Supreme Court to immediately take up the question.
Trump is charged with crimes related to his attempt to reverse his 2020 loss to President Joe Biden.
He has pleaded not guilty.
This is breaking news. Check back for updates.
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