The United States Supreme Court has denied an expedited hearing regarding Donald’s ‘presidential immunity’ claim in relation to Jack Smith’s ongoing January 6th prosecution of the former President in Washington, D.C. The ruling comes as a major blow to special counsel Jack Smith who had asked the High Court to intervene so his prosecution could proceed to trial in early March. The Supreme Court did not issue any reasoning for its decision, nor did it indicate if there were any dissenting opinions – there is some speculation the ruling may have been unanimous.
Former President Donald Trump’s attorneys have argued Jack Smith’s prosecution in Washington, D.C. should be thrown out on the grounds his actions prior to the January 6th, 2021 riot were official acts of the chief executive to “ensure election integrity” and thus fall under presidential immunity. The Washington D.C. Circuit Court of Appeals has agreed to an expedited hearing on the matter set to begin on January 9th, 2024. U.S. District Court Judge Tanya Chutkan previously ruled immunity protections did not apply to Trump’s actions questioning the integrity fo the 2020 presidential election.
Even if the appeals court panel rules against former President Trump, his legal team can then move for an en banc hearing before the full D.C. federal appellate court –a move which would likely push any trial well past the early March target set by Jack Smith. Only after an en banc hearing and subsequent ruling would the appeal then move to the Supreme Court – something that likely would not happen until the late summer of 2024.
If the trial date slips past March, the likelihood of any proceedings happening prior to the 2024 presidential election are slim.
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