"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. The district court rejected respondent's claims, correctly recognizing that former Presidents are not above the law and are accountable for their violations of federal criminal law while in office. App., in- fra, 7a-38a, 46a-53a. Respondent's appeal of the ruling rejecting his immunity and related claims, however, suspends the trial of the charges against him, scheduled to begin on March 4, 2024. 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. Respondent's claims are profoundly mistaken, as the district court held. But only this Court can definitively resolve them. The Court should grant a writ of certiorari before judgment to ensure that it can provide the expeditious resolution that this case warrants, just as it did in United States v. Nixon, 418 U.S. 683, 686-687 (1974)."
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"Petition for a Writ of Certiorari before Judgment"; appeal to the Supreme Court of the United States for a ruling on claims of Presidential immunities. (publicly filed 11 December 2023)
https://en.wikiquote.org/wiki/Jack_Smith_(lawyer)
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Jack Smith (lawyer)
John Luman Smith (born 5 June 1969) is an American attorney who has served in the United States Department of Justice as an assistant United States Attorney, acting United States Attorney, and head of the department's Public Integrity Section. He was appointed in November 2022 as a special counsel for two Department of Justice investigations involving former president Donald Trump.
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