By Lawrence Hurley -
NBC News
Special counsel Jack Smith on Wednesday asked the Supreme Court to reject an emergency request filed by Donald Trump, which seeks to further delay the former president's criminal trial for his efforts to overturn the 2020 election.
Smith submitted his response to Trump's request six days before the deadline imposed by the court: the former president wants more time to litigate his lawsuit that asks that the federal accusation be dismissed on the grounds of presidential immunity.
Trump's attempt to put on hold an appeals court ruling that rejected his immunity claim does not meet the requirements for the Supreme Court to intervene, Smith said in his petition.
Prosecutor Jack Smith in a meeting with the media, on June 9, 2023, in Washington.
Alex Brandon/AP
"The delay in resolving these charges threatens to thwart the public interest in a speedy and fair verdict, a compelling interest in any criminal case and of unique national importance in this case," Smith wrote.
The case, he added, "involves
federal criminal charges against a former president
for his alleged efforts to overturn the results of the presidential election, including the use of his official power."
Smith said that if the court is inclined to grant Trump his request, it should immediately put the case on an expedited docket and make a decision "as soon as possible" so that the trial can take place.
He suggested that the court could hear oral arguments next month, which would give time to hand down a ruling before the end of June, when the Supreme Court's term usually ends.
The Court of Appeals for the District Columbia Circuit ruled against Trump on the immunity issue on February 6.
The three judges on the panel gave the former president time to present an emergency request to the Supreme Court that
would prevent the decision from taking effect
.
District Judge Tanya Chutkan, who is in Washington, had initially scheduled the trial for March 4.
This is one of four criminal cases Trump is fighting against.
If Trump wins the election, he could order all charges against him in Washington to be dismissed.
If he were already convicted,
he could forgive himself
.
Trump's lawyers claim that presidents should have full immunity for official acts as president and that his actions in challenging the results of the 2020 election were part of his official duties.
Among the legal questions surrounding his case is whether Trump's attempts to interfere in the election constitute official acts.
If Trump's prosecution is allowed, then "such judicial proceedings will be repeated and become commonplace, leading to destructive cycles of recrimination," his lawyers said in documents filed with the Supreme Court.