WASHINGTON, DC – A coalition of twenty-two state attorneys general has petitioned the Supreme Court to halt Special Counsel Jack Smith’s expedited efforts to prosecute former President Donald Trump for allegedly conspiring to overturn the results of the 2020 election. Led by Alabama Attorney General Steve Marshall (R-AL), the group seeks to delay the prosecution until the Court rules on the constitutional permissibility of the trial.
In an amicus brief submitted to the Court, Marshall and his counterparts argue that Smith’s sudden push for prosecution before the 2024 election raises suspicions of political motives and undermines public confidence in the justice system. They contend that a stay until the Court resolves the issue of Trump’s presidential immunity would help restore integrity to the legal process.
Trump has filed a separate application with the Court seeking a stay on the D.C. Circuit’s ruling that presidents are not immune to prosecution for alleged crimes committed while in office. Marshall and his fellow attorneys general support Trump’s application, emphasizing the significant implications of the presidential immunity question and the need for the Supreme Court’s intervention.
The brief also questions the Department of Justice’s delayed pursuit of charges against Trump, contrasting its sudden urgency to prosecute with its previous inaction. The authors express concern that the timing of the prosecution may be politically motivated and call for transparency in DOJ’s handling of the case.
Furthermore, the brief suggests that President Joe Biden’s previous remarks about preventing Trump from regaining power add to the appearance of impropriety surrounding the prosecution. The coalition argues that a slowdown in proceedings is essential to uphold the constitutionality of the process and to prevent interference in the electoral process.
The coalition includes attorneys general from Alabama, 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 application is titled United States v. Trump, No. 23A745 in the Supreme Court of the United States of America.
