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Supreme Court Declines to Review Trump’s Claim of Criminal Immunity at Present

The Supreme Court recently decided not to review a case concerning former President Donald Trump’s potential prosecution related to attempts to change the outcome of the 2020 election. This decision effectively delays any conclusion on the extent of presidential immunity while Trump faces criminal charges. The Court, without any dissent, chose not to get involved as the appeals court is still considering Trump’s claim of complete immunity from criminal prosecution for actions taken while in office.

Special Counsel Jack Smith had hoped to bring this matter directly to the Supreme Court, bypassing the appeals court, in an effort to keep the trial schedule on track. This trial is the first of four criminal cases against Trump. The Supreme Court, after initially considering whether to hear the case, ultimately decided to let the District of Columbia Circuit Court of Appeals review it first. This court has set a hearing for January 9th. The Supreme Court’s decision was brief and provided no further explanation.

This decision is a temporary setback for Smith. However, the D.C. Circuit’s schedule is moving quickly, with Trump required to submit his written brief soon, followed by a response from the prosecutors. The timeline is tight, given that the lower court proceedings are on hold while Trump’s claims of immunity are assessed. Any delays could push back the trial, currently set for March 4th, 2024.

Judge Tanya Chutkan, overseeing the case, has stated that if jurisdiction returns to her court, she will consider adjusting the trial date and other deadlines to ensure a fair and prompt trial. Trump’s legal team argued against the Supreme Court’s early involvement, emphasizing the need for thorough deliberation in a case of such historical significance. They also disputed the need for a hurried resolution, suggesting that it might be driven more by partisan interests than public interest.

The appeals court will also consider Trump’s defense of double jeopardy, in addition to the immunity issue. Trump, who has pleaded not guilty, faces four felony charges related to his alleged conspiracy to overturn the 2020 election results. This case is one of four criminal indictments against him. His legal team is expected to argue for immunity in his Georgia case as well. Judge Chutkan has previously ruled against dismissing Trump’s D.C. case based on his immunity claims, noting that former presidents don’t have a lifelong exemption from federal criminal liability.