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SCOTUS Denies Jack Smith’s Request to Fast-Track Judgement on Trump’s Immunity Claims

The order jeopardizes the special counsel's proposed March 4 start date


SCOTUS Denies Jack Smith’s Request to Fast-Track Judgement on Trump’s Immunity Claims

The U.S. Supreme Court has denied special counsel Jack Smith’s request to expedite consideration of whether former President Donald Trump has immunity from prosecution.


“The petition for a writ of certiorari before judgment is denied,” read the court’s terse order on Friday.

Smith’s election interference case, which seeks to prove Trump plotted to overturn the 2020 presidential election, was previously scheduled to begin on March 4.

The Supreme Court’s denial of Smith’s Dec. 11 request indicates the proposed start date may not be feasible.

“The court’s one-sentence order, from which there were no noted dissents, means a federal appeals court in Washington will be the first to review a district judge’s ruling earlier this month rejecting Trump’s claim of immunity. Arguments are scheduled for Jan. 9,” The Washington Post reports.

“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,” Smith wrote in his 14-page court filing earlier this month. “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.”

He added: “The Nation has a compelling interest in a decision on respondent’s claim of immunity from these charges—and if they are to be tried, a resolution by conviction or acquittal, without undue delay.”

Trump responded to the news in a post on his social media platform Truth Social:

The Supreme Court has unanimously rejected Deranged Jack Smith's desperate attempt to short circuit our Great Constitution. Crooked Joe Biden and his henchmen waited three years to bring this sham case, and now they have tried and failed to rush this Witch Hunt through the courts. Of course I am entitled to Presidential Immunity. I was President, it was my right and duty to investigate, and speak on, the rigged and stolen 2020 Presidential Election. Looking forward to the very important arguments on Presidential Immunity in front of the DC Circuit Court of Appeals. Make America Great Again!

“Trump's legal team has made the claim central to its defense. It requested a stay on proceedings after U.S. District Judge Tanya Chutkan, who is overseeing the case, rejected arguments that he had immunity from the indictment,” Axios reports. “The case's proceedings have been paused while the appeal plays out.”

Pundits on X hailed the development as a significant setback for Smith’s case and win for Trump.






The Supreme Court ruling concludes a week that kicked off with the Colorado Supreme Court disqualifying Trump from appearing on the 2024 GOP presidential primary ballot.

"A majority of the court holds that President Trump is disqualified from holding the office of President under Section Three of the Fourteenth Amendment of the United States Constitution," the ruling said. "Because he is disqualified, it would be a wrongful act under the Election Code for the Colorado Secretary of State to list him as a candidate on the presidential primary ballot.”

Trump took to his social media platform Truth Social to denounce the decision as something that might happen in a “banana republic.”

"BIDEN SHOULD DROP ALL OF THESE FAKE POLITICAL INDICTMENTS AGAINST ME," Trump wrote Wednesday morning. "BOTH CRIMINAL & CIVIL."

"EVERY CASE I AM FIGHTING IS THE WORK OF THE DOJ & WHITE HOUSE," he continued. "NO SUCH THING HAS EVER HAPPENED IN OUR COUNTRY BEFORE."

"BANANA REPUBLIC??? ELECTION INTERFERENCE!!!" Trump concluded.

The GOP frontrunner maintains all charges against him are politically motivated.

Editor’s Note: A previous version of this article did not include comments Trump offered in reaction to SCOTUS’ order

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