Jack Smith Gets A Hard No From The Supreme Court

The Supreme Court denied a petition to expedite hearings on whether Donald Trump has federal prosecution immunity for alleged crimes committed while in office, potentially delaying his trial. The Supreme Court has agreed to hear oral arguments in April on former President Trump’s claim of immunity in the January 6 criminal investigation. This delay effectively pushes the federal case out until a ruling in June at the earliest.

Trump v. United States

The case of Trump v. The United States is set for late April 2024. This case is centered around questions involving whether President Donald Trump can be tried on criminal charges for allegedly conspiring to overturn the results of the 2020 election. 

Trump was indicted in August 2023 on four counts stemming from Special Counsel Jack Smith’s investigation into the Jan. 6, 2021, attacks on the U.S. Capitol.

Judge Tanya Chutkan

Originally, U.S. District Judge Tanya Chutkan set the trial date for  March 4, 2024, but later postponed it pending the conclusion of Trump’s immunity claims.

The court has granted Trump’s legal team a tactical advantage in slowing down the prosecution’s momentum by taking up the question of immunity. 

Despite The Denial 

Despite the dismissal, Trump continues to maintain his immunity claim. 

The case is centered around whether Trump’s direct actions are protected by presidential immunity, with both sides expressing the urgency to resolve this matter. 

The Trump Administration 

The ruling poses a significant setback for the special counsel, being in favor of Trump’s angle to delay the case. 

Trump’s team asserts the need for caution, highlighting the political nature of the case. 

The Real Question

Steve Vladeck said, “The real question is what happens then.”“ Assuming the Court of Appeals rejects Trump’s claim, will it keep the trial on hold pending further review from the Supreme Court, or will it allow the trial to go forward and force Trump to seek a stay from the Supreme Court? 

It’s still possible that the trial begins on March 4, but the Supreme Court’s apparent willingness to let the DC Circuit go first makes it at least somewhat – and perhaps significantly – less likely.”

As Quickly As Possible  

Smith’s team wrote, “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.” 

The special counsel wrote, “Here, the stakes are at least as high, if not higher: the resolution of the question presented is pivotal to whether the former President himself will stand trial – which is scheduled to begin less than three months in the future.” 

Political Disagreement 

He wrote, “The fact that this case arises in the vortex of political dispute warrants caution, not haste,” Trump attorneys wrote. 

“I was President, it was my right and duty to investigate, and speak on, the rigged and stolen 2020 Presidential Election,” Trump said. “Looking forward to the very important arguments on Presidential Immunity in front of the DC Circuit Court of Appeals!”.

Biden’s Prosecutor’s 

Trump said, “The Supreme Court just DENIED the Biden prosecutor’s emergency request to ROB me of my right to presidential immunity.” 

“I will still have to fight for my rights in the Appeals Court – as the Biden Special Counsel will do everything in their power to rush my fake trial and wrongly CONVICT me before the 2024 election.”

Presidential Immunity

Trump’s lawyers make the argument that presidential immunity is a necessity in avoiding motivated prosecutions influencing the presidency. 

Trump’s lawyers wrote, “Without immunity from criminal prosecution, the presidency as we know it will cease to exist.” 

Recently Decided 

In a recent decision, the Court ruled that states cannot ban Trump from ballots for the 2024 election based on the insurrection clause, solidifying his path to run for president if he wins the GOP nomination. 

The court wrote, “We conclude that States may disqualify persons holding or attempting to hold state office. But States have no power under the Constitution to enforce Section 3 with respect to federal offices, especially the Presidency.” 

Politically Contention 

They wrote, “Any decision by the president on a politically controversial question would face the threat of indictment by the opposing party after a change in administrations. 

All presidential decisions would be exposed to undue, wrongful pressure from opposing political forces, under a threat of indictment after the president has left office.”

Hearing About The Immunity 

The outcome of the immunity hearing will have significant consequences for the presidential accountability going forward depending on how the Court rules. 

The Supreme Court will delve into the specifics on when a former president might be able to claim immunity for official acts taken in office. This decision will not only impact Trump but also establish parameters for the actions of any president in the future. 

Campaign For Presidency

This case also brings to light questions of whether Trump can still run for presidency under the indictment in four separate cases

or if he is ultimately convicted of a crime. 

The Result 

The results of this case could carry significant consequences, 

potentially impacting the timing of Trump’s federal trial in relation to the 2024 election.

What The The Supreme Court Decides 

The Supreme Court’s decision to entertain hearing oral arguments on Trump’s immunity claim indicates a massive shift in the ongoing legal proceedings surrounding the former president. 

The court’s decision will affect not only Trump’s legal standing, but could also have ripple effects on future presidential immunity claims