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Special counsel asks Supreme Court to immediately decide if Trump is immune from Jan. 6 prosecution
NBC News ^ | 12/11/2023 | Lawrence Hurley

Posted on 12/11/2023 12:42:08 PM PST by Kevin in California

Special counsel Jack Smith on Monday asked the Supreme Court to immediately step in to decide whether former President Donald Trump has immunity from prosecution for his actions seeking to overturn the 2020 election.

"This case presents a fundamental question at the heart of our democracy: whether a former President is absolutely immune from federal prosecution for crimes committed while in office," Smith wrote in the court filing.

Smith said it was "of imperative public importance" that the high court decide the question so that Trump's trial, currently scheduled for March, can move forward as quickly as possible.

The Supreme Court decides which cases it hears, so it is not required to take up the case.

NBC News has reached out to Trump's attorneys for comment on the special counsel's filing.

Earlier this month, U.S. District Court Judge Tanya Chutkan, who is presiding over the election interference case, denied Trump's motion to dismiss his indictment on presidential immunity and constitutional grounds, prompting Trump to appeal and ask for the case to be put on hold.


TOPICS: Front Page News; News/Current Events; Politics/Elections
KEYWORDS: bananademocracy; bananarepublic; electioninterference; heartofourdemocracy; jacksmith; jagoffsmith; jerksmith; lawrencehurles; lawrencehurley; ourdemocracy; trumppersecution; unrepresentative
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To: Kevin in California

Sounds like: “Have you stopped beating your wife?”

As the chief law enforcement officer for the USA, he is required to investigate potential illegal activities at the Federal level. What is so hard to understand about that?


21 posted on 12/11/2023 1:04:46 PM PST by jettester (I got paid to break 'em - not fly 'em)
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To: Kevin in California
Jerk Smith wants to make the Supreme Fart go public with the final admission that BananAmerica is a third-world banana republic that invents "crimes" for former leaders who no longer have control of the coming US foreign mercenary army.


22 posted on 12/11/2023 1:09:46 PM PST by kiryandil (China Joe and Paycheck Hunter - the Chink in America's defenses)
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To: jettester

Jack Smith is, in no way, the “chief law enforcement officer for the USA.”

What other untruths are in that head of yours?


23 posted on 12/11/2023 1:11:44 PM PST by ConservativeMind (Trump: Befuddling Democrats, Republicans, and the Media for the benefit of the US and all mankind.)
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To: CatOwner

Unfortunately, they won’t. They have backstabbed Trump so many times I expect nothing less. The antifa demonic abortion gang scared the hell out of them. They sent a message to the SCJ when they were protesting in front of their homes and threatening their families…nothing was done by the federal government to protect them. Many times I have seen courage escape even the most conservative and brave people holding high offices. Trump is screwed…face it! No matter what the outcome I will be voting for him even if he’s behind bars. No other Republican nominee will do. I hear the Chinese have infiltrated our power grids…mark my words all the voting machines will fail on election night, compliments of the communist pieces of shit and Biden! What do you think that meeting in San Francisco was all about? Think real good.


24 posted on 12/11/2023 1:12:28 PM PST by RoseofTexas
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To: Presbyterian Reporter
IMHO, this is a way to play on words. Of course President Trump is not immune from prosecution of any alleged crime (i.e. bribery). But he is immune from persecution on things like having documents he declassified while president.

Smith may be hoping SCOTUS saying Trump can be prosecuted for some things can be wordplay that the Dim media and Dim prosecutors and Dim state attorney generals can use to say Trump can be persecuted for anything.

(Yes, I intentionally swapped around the words "prosecution" and "persecution" because they are synonymous when talking about how the Dims abuse their power.)

25 posted on 12/11/2023 1:13:25 PM PST by Tell It Right (1st Thessalonians 5:21 -- Put everything to the test, hold fast to that which is true.)
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To: CatOwner

They won’t hear it.


26 posted on 12/11/2023 1:14:07 PM PST by abbastanza
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To: Kevin in California

And, should they take this up, AND rule in Trump’s favor, the cries of PACK THE COURT TO STOP FASCISM! will be deafening.


27 posted on 12/11/2023 1:15:54 PM PST by FrankRizzo890
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To: kiryandil

Great Photoshop job.


28 posted on 12/11/2023 1:16:57 PM PST by magua (It's not racism, it's just that thisBecause it’s being reported that a lot of this started in 2015.)
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To: falcon99

Re: 16 - I think it’s a close call on acquittal in an Impeachment trial precludes indictment and trial on criminal charges. Depends on the specific charges.

Some more info here:

https://www.justice.gov/file/19386/download


29 posted on 12/11/2023 1:21:45 PM PST by Fury
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To: CatOwner
Should have been done UP FRONT....because at no time did President Trump incite riot or anything LIKE it!

Liberals DAILY spew worse and more inflammatory language than THEY wrongly accused Trump of saying

30 posted on 12/11/2023 1:29:11 PM PST by SMARTY ("A lie which is half a truth is ever the blackest of lies." Tennyson)
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To: ncfool
, I think you would say game on.

This will never happen. Tagline.

31 posted on 12/11/2023 1:29:57 PM PST by dware (Americans prefer peaceful slavery over dangerous freedom)
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To: Fury
That link you posted is an interesting read.

One flaw in the whole discussion on the subject of “acquittal immunity” is that so much of it takes places in the context of a modern political and legal landscape that didn’t exist when the Constitution was written. Specifically, it should be pointed out that any question about the legal exposure to criminal prosecution for an acquitted President in the 1790s would mainly focus on prosecution in a state court, not Federal court. That’s because there were hardly any Federal crimes listed in the U.S. criminal code at the time. The U.S. Department of Justice didn’t even exist until 1870, and the U.S. Attorney General and the various District Attorneys worked mainly in civil matters under the Treasury Department before that.

32 posted on 12/11/2023 1:59:27 PM PST by Alberta's Child (If something in government doesn’t make sense, you can be sure it makes dollars.)
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To: Kevin in California

The Jackal


33 posted on 12/11/2023 2:00:38 PM PST by Az Joe (Live free or die)
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To: Kevin in California

Maybe he’s looking for a way to let go of this tar baby.


34 posted on 12/11/2023 2:02:42 PM PST by TangoLimaSierra (⭐⭐To the Left, The Truth is Right Wing Violence⭐⭐)
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To: Kevin in California

The Supreme Court decides which cases it hears, so it is not required to take up the case.

Sounds like they gave him the make your move sucker we’ll decide after you charge him.

Hopefully they’ll tell him the chalk line is where you stand as we slam the door on your stinger.


35 posted on 12/11/2023 2:10:54 PM PST by Vaduz (....)
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To: Kevin in California

Be framed the wisdom in a way he can’t lose. Is the president immune from any prosecution for any crimes in Office, even after he leaves Office

No court will create an immunity that broad.

But is he immune for challenging an election and asking Congress to investigate, or to select alternate electors?
And in the circumstances of this particular case.

For that he is likely immune, there might not even be a crime.

As they say in My Cousin Vinny: “It’s a bull_hit question!”


36 posted on 12/11/2023 2:17:34 PM PST by Williams (Stop Tolerating The Intolerant)
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To: Kevin in California; All

Not political at all, but we NEED THIS DATE!


37 posted on 12/11/2023 2:18:07 PM PST by wiseprince (Me)
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To: Williams

wisdom = question


38 posted on 12/11/2023 2:18:15 PM PST by Williams (Stop Tolerating The Intolerant)
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To: Kevin in California

What provision of the Constitution or statute is relevant to this dispute? I have yet to see any analysis of this in conservative media.


39 posted on 12/11/2023 2:22:55 PM PST by Socon-Econ (adi)
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To: CatOwner
The SCOTUS could end this nightmare once and for all.

And they could end the nightmare of hundreds of thousands of cheat-by-mail-in ballots that were never checked for signature verification as was shown in the video in Kari Lake's election suit. But lower court hack judges keep finding in favor of Evil, and by the time it makes it through the regular channels to SCOTUS, the 2024 election will be behind us. Ditto for all the J6 prisoner appeals. SHAMEFUL!

40 posted on 12/11/2023 2:26:40 PM PST by HandBasketHell
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