Supreme Court Hands Trump Win, Rejects Jack Smith's Request to Expedite Presidential Immunity Decision
The United States Supreme Court on Friday wasted few words in telling special counsel Jack Smith that his plan to skip the normal appeals process regarding questions of former President Donald Trump’s presidential immunity and move right to a decision by SCOTUS wasn’t going to go forward.
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“The petition for a writ of certiorari before judgment is denied,” the court told Smith briefly and without comment in its response to his request.
That means that the U.S. Court of Appeals for the D.C. Circuit will go forward with its scheduled oral arguments on Jan. 9, according to NBC News.
Unsurprisingly, the former president himself wasted no time jumping on social media to celebrate his (admittedly temporary) victory.
“The Supreme Court has unanimously rejected Deranged Jack Smith’s desperate attempt to short circuit our Great Constitution,” Trump wrote Friday evening on Truth Social.
“Crooked Joe Biden and his henchmen waited three years to bring this sham case, and now they have tried and failed to rush this Witch Hunt through the courts. Of course I am entitled to Presidential Immunity. I was President, it was my right and duty to investigate, and speak on, the rigged and stolen 2020 Presidential Election.
“Looking forward to the very important arguments on Presidential Immunity in front of the DC Circuit Court of Appeals,” he added. “Make America Great Again!”
If Trump wins his appeal, it would result in Smith’s case against him being dismissed, although it’s likely that he would appeal it to SCOTUS at that point. If Trump doesn’t win, he would probably appeal it himself.
In addition, as NBC noted, there are other issues about which the former president could appeal if the case currently before U.S. District Judge Tanya Chutkan goes poorly for him.
However, Friday’s Supreme Court decision means that Smith’s preferred schedule for the current case, according to which it would go to trial in March — the heat of the Republican primary season — is not in jeopardy, according to The Daily Wire.
The D.C. Circuit’s plan to hear the appeal, however, is “particularly speedy,” according to The Hill, and SCOTUS could expedite an appeal of its decision when it comes out, should it desire to do so.
That said, there is of course no guarantee on when the appeals court will render its decision, even if the hearing process is expedited.
Trump’s current legal theory is that it was part of his role as president to question the result of the 2020 election, and that his Senate acquittal for impeachment over charges similar to those brought by Smith mean that he cannot be tried a second time anyway, according to NBC.
Trump pleaded not guilty in August to the four charges brought against him by the grand jury: “conspiracy to defraud the U.S., conspiracy to obstruct an official proceeding, obstruction, and conspiracy against the right to vote and to have one’s vote counted,” the outlet reported.
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