Introduction: Special Counsel Jack Smith has petitioned the Supreme Court to decide if former President Donald Trump is immune from criminal prosecution related to charges from his term in office, as detailed in indictments from January 6. Trump’s lawyers argue he was fulfilling official duties and is thus immune. Smith has requested an expedited review, which, if approved, could allow a trial to proceed in March 2024. It’s the first instance of a president being charged with crimes during his term.

Since his first impeachment, a question we ask, “Is Donald Trump above the law? Can he be criminally charged for crimes during his term of office?

According to various reports in the media, Special Counsel Jack Smith asked the Supreme Court to decide whether Donald Trump is immune from any criminal prosecution for the crimes while in office outlined in the January 6 indictments. Donald Trump’s legal team has argued that Trump should be immune because he was carrying out official duties in office. The Supreme Court has answered that they will act on the Special Counsel’s Petition for a Writ of Certiorari Before Judgement. They’ve given the defense until December 20 to respond.

The Special Counsel is asking the Supreme Court to review Judge Tanya Chutkan’s ruling that as a former president, Donald Trump is not immune from the crimes of election subversion in the case in Washington D.C. One statement in the Special Counsel’s request is “A cornerstone of our constitutional order is that no person is above the law.”

Criminal Charges Against Donald Trump

The Jan. 6 Indictment against Donald Trump stated that the Defendant perpetrated three criminal conspiracies:

• A conspiracy to defraud the United States using dishonesty, fraud, and deceit to impair, obstruct, and defeat the lawful federal government function of certifying the presidential election.
• A conspiracy to corruptly obstruct and impede the January 6 congressional proceeding at which the collected presidential election results are counted and certified.
• A conspiracy against the right to vote and have one’s vote counted.

The special counsel has filed in the Supreme Court of the United States a petition for a writ of certiorari in which the Court is asked to immediately review the decision of a United States District Court without an appeal having been decided by a United States Court of Appeals, to expedite the proceedings and obtain a final decision.

This action by the Special Counsel is kind of a fast-track process that will enable the trial to go forward in March 2024. If Judge Chutkan’s ruling that the president is not immune to prosecution was sent through the normal channels of appeal, it would take months away from a trial.

Now, keep in mind, this is the first time a president has been charged with crimes while in office. The special counsel wants to make sure that the Jan. 6 trial goes forward as planned. Of course, Trump is claiming that the Special Counsel is not following accepted appeal process. The problem with that argument is that the Supreme Court has acted on many writs of certiorari, including one involving a former president (United States v. Nixon).