Special counsel Jack Smith has made an urgent request to the Supreme Court, asking them to decide quickly on whether former President Donald Trump can be prosecuted for his alleged involvement in plotting to overturn the results of the 2020 election. Smith is seeking to prevent any delays that could push back the trial of Trump, who is currently the front-runner for the 2024 Republican presidential primary, until after the next presidential election. The case revolves around the question of whether a former president is immune from federal prosecution for crimes committed while in office, or if they are protected from prosecution after being impeached but not convicted.

A federal judge ruled that the case could proceed, but Trump intends to appeal the decision. Smith is attempting to bypass the usual next step of the appeals court and have the Supreme Court take up the matter directly. The urgency for a quick resolution in this case is emphasized by Smith and his team, who state that it is imperative for the respondent's claims of immunity to be resolved and for the trial to proceed promptly if Trump's claim of immunity is rejected. Smith argues that if the court does not expedite the matter, there will not be an opportunity to consider and resolve the question in the current term.

Notably, this case provides the Supreme Court with an opportunity to rule on whether ex-presidents enjoy immunity from prosecution. While Justice Department policy prohibits indicting a sitting president, there is no such bar against prosecuting a former president. Lawyers for Trump argue that he cannot be charged for actions that fell within his official duties as president, a claim that prosecutors strongly dispute. If the Supreme Court agrees to take up the case, it would provide a significant precedent-setting decision on the issue of immunity for ex-presidents.

However, if the court declines to step in at this point, Trump's appeal would continue at the U.S. Court of Appeals for the District of Columbia Circuit. Smith has also requested a swift review at the appeals court level, but even a rapid decision there may not reach the Supreme Court before its traditional summer break. In addition to the request for the court to address the immunity issue, prosecutors are also asking the court to consider Trump's claim that he cannot be prosecuted for conduct for which he was already impeached and acquitted before Congress.

The charges against Trump allege that he worked to overturn the results of the 2020 election before the violent riot at the U.S. Capitol by his supporters. Trump has vehemently denied any wrongdoing. Smith's filings show that former Justice Department lawyer Michael Dreeben, who has argued criminal cases at the Supreme Court for years, has joined his team.

Dreeben was also part of special counsel Robert Mueller's team in the investigation of Russian interference in the 2016 election. This case has drawn significant attention due to its potential implications for the accountability of former presidents and the integrity of the democratic system. The court's decision, if they choose to take it up, could have far-reaching consequences for future presidential criminal prosecutions.