Supreme Court Declines Expedited Review in Trump Election Case

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On Friday, the Supreme Court announced its decision not to expedite a case brought by Special Counsel Jack Smith, regarding the potential prosecution of former President Donald Trump for his alleged efforts to undermine the 2020 election results.

This development represents a tactical victory for Trump and his legal team, who have consistently endeavored to postpone the legal proceedings against him as he gears up for the 2024 presidential race. This delay in the Supreme Court’s involvement sidesteps an immediate definitive judgment on Trump’s claim of immunity, casting uncertainty on the scheduled March 4 trial.

The case’s fate now rests with the U.S. Court of Appeals for the District of Columbia Circuit, which has indicated a readiness to promptly adjudicate the matter. Despite Special Counsel Jack Smith’s insistence on the urgent public interest in resolving the case quickly, a decision from the appellate court may not reach the Supreme Court in time for review before their summer recess.

Smith’s unusual request to bypass the appellate court highlighted the prosecution’s concern about potential delays in commencing Trump’s trial, possibly extending beyond the upcoming presidential election.

The Supreme Court declined Smith’s appeal without elaboration in a brief order issued on Friday.

The case’s advancement now hinges on additional appeals, potentially causing further delays. If the appeals court, scheduled to hear arguments on January 9, dismisses Trump’s immunity claims, the matter could be escalated to the Supreme Court once more.

U.S. District Judge Tanya Chutkan has put the case on hold pending Trump’s immunity claim but mentioned the possibility of maintaining the March trial date if the case swiftly returns to her court.

Judge Chutkan previously dismissed the argument that a former president is immune from prosecution for actions within their official capacity, stating, “Former presidents enjoy no special conditions on their federal criminal liability.”

Trump, in a recent statement, reiterated his belief in presidential immunity and expressed eagerness for the appeals court hearing.

The Supreme Court faces additional Trump-related legal matters, including a challenge regarding his eligibility to appear on Colorado’s ballot, based on the 14th Amendment’s Section 3, and a case involving the obstruction charge against Trump and his supporters following the January 6 Capitol breach.

In the ongoing immunity case, prosecutors have underscored the critical nature of the matter: whether a former president enjoys absolute immunity from federal prosecution for actions while in office, or constitutional protection from prosecution post-impeachment but pre-conviction.

Trump’s legal team has signaled their intention to ultimately seek Supreme Court intervention on the immunity issue, advocating for a more deliberate approach to this complex and historic question.

The Justice Department’s policy prevents indicting a sitting president, but there is no equivalent restriction for a former president. Trump’s legal defense asserts his immunity from charges related to official presidential duties, a claim prosecutors vehemently dispute.

Trump faces allegations of attempting to overturn his 2020 electoral defeat to Joe Biden, preceding the Capitol riot. He denies all charges.

The Supreme Court, known for its typically extended case durations, has historically accelerated its process in exceptional circumstances, as seen during the Watergate scandal and the 2000 presidential election.

Aside from the Washington case, Trump confronts legal challenges including unauthorized retention of classified documents at Mar-a-Lago, and accusations in Georgia and New York relating to election tampering and a financial settlement with a porn actress.

Lindsay Whitehurst from Big Big News in Washington has contributed to this report.

Corrections: The headline has been amended for accuracy: the rejection pertained to the prosecutor’s request, not Trump directly.

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More about Supreme Court Trump Case

• Supreme Court’s Decision on Trump Case
• Trump’s Legal Battles and the 2020 Election
• Presidential Immunity and Legal Precedents
• Overview of Trump’s Current Legal Issues
• Trump and the January 6 Capitol Riot Case
• Legal Analysis of Trump’s Immunity Claims
• Historical Context of Supreme Court Decisions in Presidential Cases