WASHINGTON (AP) — Lawyers for Donald Trump told a federal appeals court on Wednesday that it should not speed up its consideration of whether the former president is immune from prosecution, accusing federal prosecutors of trying to rush his 2020 election subversion case through before next year’s presidential election.
“The prosecution has one goal in this case: To unlawfully attempt to try, convict, and sentence President Trump before an election in which he is likely to defeat President Biden,” defense lawyers wrote Wednesday. “This represents a blatant attempt to interfere with the 2024 presidential election and to disenfranchise the tens of millions of voters who support President Trump’s candidacy.”
The issue is of paramount significance to both sides given the potential for a protracted appeal to delay a trial beyond its currently scheduled start date of March 4. Trump faces charges he plotted to overturn the 2020 election after he lost to Democrat Joe Biden, and he has denied doing anything wrong.
Trump’s legal team had appealed a trial judge’s rejection of arguments that he was protected from prosecution for actions he took as president. But special counsel Jack Smith sought to short-circuit that process by asking the Supreme Court on Monday to take up the issue during its current term, a request he acknowledged was “extraordinary” but one he said he was essential to keep the case on track.
Smith’s team simultaneously asked the U.S. Court of Appeals for the D.C. Circuit to expedite its consideration of Trump’s appeal, writing: “The public has a strong interest in this case proceeding to trial in a timely manner. The trial cannot proceed, however, before resolution of the defendant’s interlocutory appeal.”
The Supreme Court has indicated that it would decide quickly whether to hear the case, ordering Trump’s lawyers to respond by Dec. 20. The court’s brief order did not signal what it ultimately would do.
A Supreme Court case usually lasts several months, from the time the justices agree to hear it until a final decision. Smith is asking the court to move with unusual, but not unprecedented, speed.
Nearly 50 years ago, the justices acted within two months of being asked to force President Richard Nixon to turn over Oval Office recordings in the Watergate scandal. The tapes were then used later in 1974 in the corruption prosecutions of Nixon’s former aides.
It took the high court just a few days to effectively decide the 2000 presidential election for Republican George W. Bush over Democrat Al Gore.
If the justices decline to step in at this point, Trump’s appeal would continue at the U.S. Court of Appeals for the D.C. Circuit. Smith said even a rapid appellate decision might not get to the Supreme Court in time for review and final word before the court’s traditional summer break.
