SCOTUS Asked to Rule on Whether Trump Can Be Prosecuted

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Facts

• Special Counsel Jack Smith has asked the US Supreme Court to review whether former Pres. Donald Trump can be prosecuted for crimes allegedly committed during his tenure in public office.¹
• On Monday, Smith filed a six-page 'writ of certiorari before judgment' petition to the country's top court, requesting an 'expedited' review of a lower court's ruling. The special counsel continued that the motion contained an 'issue of exceptional national importance.'²
• On Dec. 1, US District Judge Tanya S. Chutkan rejected the former president's claim of immunity from charges accusing him of attempting to overturn the 2020 presidential election, concluding that the position of former president doesn't ensure 'special conditions' on federal criminal liability.³
• While Trump's team had filed a notice of appeal, Smith's motion argues that only SCOTUS can 'provide the definitive and final resolution' to Trump's immunity claims. Smith further cited the case of United States v. Nixon 1974 as a precedent of the court granting certiorari concerning 'presidential claims of executive privilege.'²
• If accepted, the petition asks for a 'briefing schedule consistent' with the Nixon case — that being the exchange and filing of opening briefs 14 days after the certiorari's acceptance, response briefs within seven days after, and oral arguments 'as soon as practicable.'²
• Later on Monday, SCOTUS granted consideration of the petition, while asking for a legal response from Trump's team by Dec. 20.⁴

Sources: ¹BBC News (a), ²Supremecourt, ³Associated Press and ⁴BBC News (b).

Narratives

• Anti-Trump narrative, as provided by MSNBC. The request attempts to keep the American legal system's schedule on track by bypassing the appellate process being used by Trump to delay his legal reckoning. Although an unusual procedure, there is precedent in Nixon's criminal trial. With creativity, Smith has undermined Trump's attempts to grind the American judicial system to a halt.
• Pro-Trump narrative, as provided by The Last Refuge. Smith's attempt to rush a decision exposes a desire to bury the former president by the Spring of next year. With Super Tuesday set to occur a day after the start of Trump's March trial, it's no coincidence that the legal queries are being fast-tracked to undermine Trump's political campaign.

Predictions