Supreme Court dodges decision on Trump presidential immunity claims in 2020 election case
Kaelan Deese
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The Supreme Court on Friday decided not to intervene in former President Donald Trump’s criminal case for now, saying it wouldn’t decide a key issue of whether he is broadly immune for actions he took challenging the 2020 election.
The high court denied without comment special counsel Jack Smith’s request asking the justices to step over the typical appeals court process and quickly decide the legal question, which is core to Trump’s criminal prosecution in Washington, D.C., over allegations of conspiring to upend President Joe Biden’s victory.
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While the Supreme Court initially agreed on Dec. 11 to expedited briefing over whether to formally take up the matter, the justices ultimately sided with Trump, marking a small but notable victory for the Republican frontrunner seeking to delay his criminal trial at every juncture.
As a result of the court’s refusal to intervene, the U.S. Court of Appeals for the D.C. Circuit will take up the dispute, which is slated for oral arguments Jan. 9. Once that court rules, the high court could act quickly on whether to take up the case.
Smith on Thursday said the matter must have “immediate” examination by the Supreme Court.
“The charges here are of the utmost gravity,” Smith’s office told the justices. “This case involves — for the first time in our Nation’s history — criminal charges against a former President based on his actions while in office. And not just any actions: alleged acts to perpetuate himself in power by frustrating the constitutionally prescribed process for certifying the lawful winner of an election.
Trump’s lawyers argued in court papers that Smith had given “no compelling reason” why the justices should immediately circumvent the appeals court’s review.
This dispute stems from U.S. District Judge Tanya Chutkan rejecting Trump’s bid to dismiss the indictment on presidential immunity and constitutional grounds. The case effectively on hold while Trump appeals the decision.
Bradley Moss, an attorney specializing in national security law, estimated that this matter wouldn’t reach the Supreme Court again for at least another 30 days.
“This likely won’t get to SCOTUS any earlier than February now,” he wrote in a post on X, formerly known as Twitter.
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Trump’s efforts to get the court to reject Smith’s request was supported by amicus briefs submitted by Republican attorneys general in Alabama and Missouri.
This is a developing story and will be updated.