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LEGAL NEWSLINE

Friday, September 27, 2024

Texas Attorney General Opposes Special Prosecutor's Petition Against President Trump

State AG
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Attorney General Ken Paxton | Attorney General Ken Paxton Office

Texas Attorney General Ken Paxton has joined an amicus brief urging the Supreme Court of the United States (SCOTUS) to deny Special Prosecutor Jack Smith's petition regarding former President Donald Trump's appeal for presidential immunity. The petition seeks to have SCOTUS consider the issue before a lower appeals court has the opportunity to do so.

Paxton, in his opposition to Smith's petition, highlights the unusual nature of the request. He argues that Smith has not provided sufficient justification for bypassing the standard appellate process. According to Paxton, the petitioner must demonstrate a clear public need for immediate action in order to elevate the case to SCOTUS before it has been considered by a lower court. Smith, as the representative of the United States government, has failed to show the urgency necessary to justify this deviation from the ordinary appellate process.

In the amicus brief, Paxton's position is summarized as follows: "The United States' petition repeatedly proclaims - but never explains why - '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.' That silence is both telling and troubling, suggesting that the United States' demand for extraordinary and immediate relief is driven by partisan interests, not the public interest."

Paxton's opposition to Smith's petition aligns with the belief that the request is politically motivated rather than being in the best interest of the public. The amicus brief emphasizes the need for the appellate process to be followed and for the issue of presidential immunity to be considered by a lower court before it reaches SCOTUS.

The opposition to Smith's petition can be seen as part of the ongoing legal battles surrounding former President Trump's claims of immunity. The amicus brief, which can be accessed for further reading, provides a comprehensive argument against the extraordinary and immediate relief sought by Smith on behalf of the United States government.

In joining the amicus brief, Attorney General Ken Paxton adds his voice to those questioning the motivations behind the petition. As the case progresses, it remains to be seen how SCOTUS will respond to Smith's request and whether they will consider the issue of presidential immunity before a lower court has had the opportunity to do so.

For additional details, please follow this link: https://www.texasattorneygeneral.gov/news/releases/attorney-general-ken-paxton-urges-scotus-deny-politically-motivated-petition-special-prosecutor-jack

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