On Friday, the US Supreme Court declined to grant Jack Smith’s petition for a ruling on President Trump’s assertion of immunity from criminal prosecution for alleged offenses committed while he was in office.
Earlier in the week, Smith had appealed to the court for an expedited decision on Trump’s immunity argument.
In response, Trump’s legal team argued that the President should be immune from federal prosecution for any crimes allegedly committed while serving as Commander-in-Chief.
“In 234 years of American history, no president ever faced criminal prosecution for his official acts. Until 19 days ago, no court had ever addressed whether immunity from such prosecution exists,” Trump’s lawyers wrote in Wednesday’s filing, according to CBS News. “To this day, no appellate court has addressed it. The question stands among the most complex, intricate, and momentous issues that this Court will be called on to decide.”
Jack Smith bypassed the Appellate Court and took his case directly to the US Supreme Court in regards to Trump’s immunity claims.
On Thursday, Jack Smith acknowledged that his January 6 legal action was currently on hold, expressing his desire to try and convict Trump prior to the 2024 election.
“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 Thursday’s filing, according to Fox News. “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. 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.”
“The court denied without comment special counsel Jack Smith’s request asking the justices to circumvent the normal appeals court process and quickly decide the legal question, which looms large in Trump’s criminal prosecution in Washington over allegations of election interference,” NBC News reported.
Jack Smith must now wait for the US Circuit Court of Appeals for DC to make a decision.
Oral arguments are set to begin on January 9, 2024, and if the Supreme Court of the United States opts to take up the appeal after the appellate court has rendered its decision, it is possible that this case may not be considered in this term.
— Kyle Cheney (@kyledcheney) December 22, 2023