US Supreme Court denies expedited review of Trump presidential immunity claim in federal election interference case News
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US Supreme Court denies expedited review of Trump presidential immunity claim in federal election interference case

The US Supreme Court denied a request from Special Prosecutor Jack Smith to expedite review of former President Donald Trump’s claim of “absolute presidential immunity.” The move comes after Smith asked the court to take up the issue in the 2020 election interference case against Trump on December 11.

In a brief order, the court said, “The petition for a writ of certiorari before judgment is denied.” The justices provided no reasoning for their decision, and there was no dissent. The decision means that the case will proceed through the normal appellate process. It is currently pending before the US Court of Appeals for the DC Circuit and scheduled to proceed to arguments on January 9, 2024.

Previously, Smith had asked the Supreme Court to expedite its review of the case in an effort to maintain a March 4, 2024 trial date. All trial proceedings before the trial court in this case are on pause while Trump appeals a ruling from District Judge Tanya Chutkan. On December 1, Chutkan found that Trump has no presidential immunity from the four criminal charges he faces in this case. Smith claimed in his filing to the Supreme Court, “It is of imperative public importance that [Trump’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.”

In response to Smith’s filing, Trump pushed back against Smith’s request to expedite the court’s review of the issue. Trump argued that it is precisely because of the public importance of this case that it should “be resolved in a cautious, deliberative manner—not at breakneck speed.”

Trump lauded the court’s Friday decision on his social media platform Truth Social. He wrote:

At the same time that Smith requested the Supreme Court expedite its review of Trump’s presidential immunity claim, he also requested the DC Circuit expedite its appellate process. The DC Circuit agreed to expedite the process on December 13, meaning that both parties’ briefs on the issue are now due before the end of the month.