Supreme Court rejects quick Trump immunity hearing in win for ex-president
WASHINGTON — The US Supreme Court gave Donald Trump an early Christmas present Friday, refusing to step in and make a quick decision about whether the former president enjoys immunity from the federal charges against him over his challenge of the 2020 election results.
The unsigned order makes it likely that the 77-year-old’s trial on four counts will not begin as scheduled March 4 while the immunity question makes its way through the courts.
There were no noted dissents from the nine justices.
Special counsel Jack Smith had requested that the Supreme Court immediately “make a decision,” arguing in a Thursday filing that “public interest in a prompt resolution of this case favors an immediate, definitive decision by this Court.”
The DC Circuit Court of Appeals has an expedited hearing in the matter set for Jan. 9.
Trump’s legal team argues he can’t be put on trial for his election challenges — which culminated in the Jan. 6, 2021, Capitol riot — because his actions constituted “official acts.”
The ex-president also argues he’s also immune from charges because the Senate already acquitted him following his impeachment in January 2021 for allegedly inciting the riot.
“The Supreme Court has unanimously rejected Deranged Jack Smith’s desperate attempt to short circuit our Great Constitution,” Trump crowed on Truth Social Friday evening. “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!”
The charges against Trump accuse him of conspiracy to obstruct an official proceeding, obstruction of and attempting to obstruct an official proceeding, conspiracy to defraud the United States and conspiracy against rights.
The outcome of the trial could have a significant impact on the 2024 election, in which Trump is seeking a rematch against President Biden.
Friday’s ruling came as Trump prepares to appeal a ruling by Colorado’s Supreme Court removing him from the state’s GOP primary ballot for his actions on Jan. 6, which the Centennial State’s justices deemed to have violated the Constitution’s so-called Insurrection Clause and rendered him ineligible for high office.
A conviction in Smith’s prosecution could help Trump’s foes argue that he is indeed an insurrectionist as part of a broad effort to remove him from next year’s ballots.
Trump’s trial on the federal election charges was supposed to begin one day before Super Tuesday — a critical date on the presidential nominating calendar with 16 states holding primaries or caucuses.
Trump currently leads Biden, 81, in most national and swing-state polls. But Trump’s four pending criminal trials introduce unprecedented variables to the race.
The potential delay of Trump’s DC trial means that Manhattan District Attorney Alvin Bragg’s novel business records case against Trump — related to 2016 hush money payments to former adult film star Stormy Daniels and ex-Playboy model Karen McDougal — may be the first trial in history against an ex-president. That proceeding is currently set to begin March 25.
Bragg’s case is generally considered the weakest against Trump, who is expected to cite any courtroom victories as evidence that he’s the victim of a long-running “witch hunt” by Democrats.
Trump also is scheduled to stand trial in May on federal charges of allegedly mishandling national security documents — a case also brought by Smith — and faces state charges in Georgia, with an expected August trial date, for challenging his 2020 defeat there.
