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By Benjamin Lynch
US Politics and National Affairs Reporter
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Donald Trump has released a statement slamming Special Counsel Jack Smith after the Supreme Court agreed to look at whether the former president can be criminally charged.
A spokesperson for Trump accused Smith of interfering with the 2024 election, branded him President Joe Biden's "henchman" and said Smith had launched a "Hail Mary" after he filed a request to the Supreme Court to review if the 45th president is immune from federal prosecution regarding alleged crimes committed while he was in office.
The statement said: "As President Trump has said over and over again, this prosecution is completely politically motivated… There is absolutely no reason to rush this Witch Hunt to trial, except to injure President Trump and his 150 million, at least, supporters."
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Smith's 81-page request is an attempt to bypass a federal appeals court decision on the president's request for immunity. This was denied by U.S. District Judge Tanya Chutkan at the beginning of this month and Trump's appeal is awaiting a decision in an appellate court.
A bypass could mean the March 4 trial date previously set could still go ahead, avoiding delays caused by Trump's appeals.
Smith asked if "a former President is absolutely immune from federal prosecution for crimes committed while in office or is constitutionally protected from federal prosecution when he has been impeached but not convicted before the criminal proceedings begin."
Any delays could mean the trial is still outstanding after the 2024 presidential election in which Trump is expected to be the Republican candidate. The Supreme Court has said Trump now has until 4 p.m. on December 20 to file a response.
"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 or is constitutionally protected from federal prosecution when he has been impeached but not convicted before the criminal proceedings begin," Smith wrote.
Smith is overseeing two major criminal indictments against Trump, including the charges in Washington, D.C., relating to alleged attempts to overturn the 2020 presidential election.
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In the request, he added: "It is of imperative public importance that respondent's claims of immunity be resolved by this court and that respondent's trial proceed as promptly as possible if his claim of immunity is rejected."
Trump has previously said he is immune from the charges against him in Washington, D.C., namely, conspiracy to defraud the United States; obstruction of and attempt to obstruct an official proceeding; conspiracy to obstruct an official proceeding and conspiracy against rights. He denies all of the charges.
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