The Supreme Court has turned down a request from Special Prosecutor Jack Smith to expedite Donald Trump’s appeal of the presidential immunity concerns in his Jan. 6 case.
The Supreme Court’s order comes as confirmation of the denial of his request. There are no opposing opinions listed.
Smith had requested that the high court bypass the D.C. Circuit following Trump’s appeal of a district court ruling that rejected his motion to dismiss the case on the basis of presidential immunity.
The denial will almost certainly push back Trump’s March trial date in the D.C. Jan. 6 case. The D.C. Circuit Court of Appeals has agreed to hear the case on an expedited schedule; Trump will then have multiple opportunities to delay the case as it moves toward a potential Supreme Court showdown.
The appeal questions are untested long shots largely due to Trump’s unprecedented efforts to overturn his loss in the 2020 election. They focus on whether presidential immunity prevents prosecution for crimes committed while in office, and whether former presidents can be prosecuted over acts that led to acquittal during a Senate impeachment trial.
Next, the D.C. Circuit will weigh in on these questions. Oral arguments are set for Jan. 9, a quick timeline for federal appellate courts.
For now, the Jan. 6 case is on hold until the appeal is resolved, as ordered by U.S. District Judge Tanya Chutkan for the District of Columbia.
Smith had implored the Supreme Court to allow the appeal to proceed normally, warning that the trial would likely be delayed. He said “it is of imperative public importance” to resolve the case.
Trump, on the other hand, argued that Smith had no right to ask for an expedited appeal given his victory in district court, and accused the special counsel of pushing for urgency for “partisan” political reasons.
The Supreme Court did not provide any explanation for its decision to deny the request.
Smith said that even if the special counsel wins quickly at the D.C. Circuit, Trump would still have many opportunities to delay the case. This includes a 45-day period to request a full appeals court rehearing and 90 days to petition the Supreme Court to take up the matter.
The timing of the case will depend on numerous variables. Several factors will influence the case’s progress, such as whether the Supreme Court decides to take the case after the appellate court rules and what timeline is set for its consideration.
