Trump lawyers say court should not rush consideration of immunity in federal Jan. 6 case

Lawyers for former President Trump argued Wednesday that a federal appeals court should not accelerate its consideration of whether he is immune from prosecution over claims related to the Jan. 6, 2021, Capitol riot.

The attorneys said federal prosecutors are attempting to speed up the case so it can be decided before the 2024 presidential election.

“The prosecution has one goal in this case: To unlawfully attempt to try, convict, and sentence President Trump before an election in which he is likely to defeat President Biden,” they wrote. “This represents a blatant attempt to interfere with the 2024 presidential election and to disenfranchise the tens of millions of voters who support President Trump’s candidacy.”

Special counsel Jack Smith requested an accelerated decision in an attempt to keep with the scheduled trial date of March 4. However, Trump’s attorneys said there is no need to keep to that schedule.

Special counsel Jack Smith speaks to the media about an indictment of former President Donald Trump, Tuesday, Aug. 1, 2023, at an office of the Department of Justice in Washington. (AP Photo/J. Scott Applewhite)

Trump’s lawyers have consistently attempted to delay the case. If the trial occurs after the 2024 election, he could theoretically use his influence to dismiss or challenge the case if he is elected president.

“Aside from the prosecution’s unlawful partisan motives, there is no compelling reason that date must be maintained, especially at the expense of President Trump and the public’s overriding interest in ensuring these matters of extraordinary constitutional significance are decided appropriately, with full and thoughtful consideration to all relevant authorities and arguments,” his attorneys wrote.

Alongside requesting an accelerated ruling from the D.C. Court of Appeals, Smith also requested the Supreme Court review the question of Trump’s immunity given his role as president at the time of the alleged crimes. 

Trump’s attorneys criticized the move, saying it prevents judges from taking their time to answer “novel, complex, and sensitive questions of profound importance.”

The attorneys also argued that keeping to a sped-up schedule would require staff to work through the holidays.

The Supreme Court is expected to decide on whether to hear Smith’s request on Trump’s immunity by next week. The court has a history of hearing high-profile cases involving presidents quickly, including the case at the center of the Watergate scandal and the Florida case during the 2000 election.

The Associated Press contributed.