Alabama Attorney General Steve Marshall recently led a 22-state brief in support of former President Donald Trump, asking for a stay on his prosecution until the U.S. Supreme Court (SCOTUS) rules on his presidential immunity for charges of conspiring to overturn the 2020 election.
Special Counsel Jack Smith's prosecution has been on hold since December due to President Trump's appeal of the immunity issue. After the D.C. Circuit rejected Trump's immunity defense, he asked the Supreme Court to pause until SCOTUS can determine if a trial would be constitutional.
While initially open to a SCOTUS opinion, Smith has since said he wants to expedite the trial as soon as possible. According to Marshall, the wait should not be a limiting factor, especially since Smith waited two-and-a-half years to indict Trump.
"After waiting 30 months to file these charges against President Trump, the United States wants us to believe that time is of the essence," Marshall said. "But Biden's Department of Justice has given no reason for its delay in bringing these charges, or for its demand to rush this trial and short-circuit review of weighty constitutional issues. All that suggests that the Special Counsel wants to protect President Biden by convicting his challenger right before the election. If that's true, it would be deeply improper and a clear breach of Department of Justice rules."
Marshall was joined in the brief by Attorneys General from Alaska, Florida, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, West Virginia, and Wyoming.
The coalition's brief argues that the Supreme Court should halt proceedings until it can review President Trump's immunity claim.
"Before a former President faces a federal criminal trial for the first time in our Nation's history, this Court should decide whether such a trial is permitted by the Constitution," the brief reads.
To connect with the author of this story or to comment, email craig.monger@1819news.com.
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