Local sources from United States: CBS News, Al Jazeera English.
UK coverage: The Telegraph.
The US Supreme Court has rejected a request to fast-track former President Donald Trump’s claim for immunity from prosecution, a move that will likely delay his trial on four election subversion charges. Trump seized on the ruling to send out a fundraising appeal, claiming that the Biden Special Counsel is trying to rush his “fake trial” and wrongly convict him before the 2024 election.
The Supreme Court’s one-line, unsigned order denying the request from Special Counsel Jack Smith paves the way for the US Court of Appeals for the District of Columbia Circuit to rule first on whether the former president can be prosecuted for allegedly attempting to thwart the transfer of presidential power after the 2020 presidential election. Trump’s attorneys have urged the courts to delay the trials until after the election.
In her December 1 ruling, US District Judge Tanya Chutkan rejected arguments from Trump’s legal team that he is entitled to broad immunity from criminal prosecution for acts within the “outer perimeter” of his official duties. Trump was indicted on four counts in early August related to an alleged scheme to thwart the peaceful transfer of presidential power after the 2020 presidential election.
The Supreme Court is separately considering a case challenging the reach of a law that has been used to charge more than 300 people for their alleged participation in the January 6, 2021, attack on the US Capitol, including Trump. A decision from the justices is expected by the end of June.
Special Counsel Smith has argued that it is of “imperative public importance” that Trump’s claims of immunity be resolved by the Supreme Court and, if they are rejected, for his trial to proceed “as promptly as possible.” Trump’s lawyers, however, have urged the Supreme Court not to decide the issue of his immunity until after the D.C. Circuit could examine the matter.
The Appeals Court panel is already moving with unusual speed to take up the matter, with arguments scheduled for January 9. If the panel sides with Smith and finds Trump is not immune, the former president could then appeal that decision to either the full appeals court or ask the Supreme Court to review the case at that point. Smith could do the same if the court sides with Trump.
The current dispute arrived at the nation’s highest court on the heels of a decision from US District Judge Tanya Chutkan, who rejected arguments from Trump’s legal team that he is entitled to broad immunity from criminal prosecution for acts within the “outer perimeter” of his official duties.
The Supreme Court’s rejection of the request to fast-track the case means that Trump’s trial, which is set to begin March 4 in Washington, D.C., could be delayed depending on how quickly proceedings in the appeals court play out.
Trump has argued that he should be immune from charges related to his attempts to overturn the 2020 election, citing the belief that former presidents cannot be held accountable for actions tied to their official duties. Prosecutor Jack Smith has accused Trump of obstructing Congress and defrauding the US government through a comprehensive campaign to reject the will of the voters.
The Supreme Court’s decision to deny the request to fast-track the case is a blow to Special Counsel Smith and his team of prosecutors, who have pushed the courts to move quickly to hold trials in the Washington case and the second prosecution in Florida before the presidential election swings into full gear.
Each phase in the process will require a legal back-and-forth of new filings, potential oral arguments, and time for the courts to craft their opinions. Even with the appeals court’s rapid timeline for reviewing the immunity issue, the trial date could still be pushed back if the matter isn’t resolved before March.
