Chief Justice John Roberts has granted prosecutors a week to respond to former President Donald Trump’s request to halt his federal criminal election-subversion trial. Trump is seeking to convince the Supreme Court to dismiss the trial completely based on presidential immunity.
The court issued a brief docket entry on Tuesday morning, stating that special counsel Jack Smith has been given until next Tuesday at 4 p.m. to address the emergency application filed by Trump’s lawyers at the high court on Monday.
In a recent development, a federal appeals court in Washington unanimously dismissed Trump’s broad immunity claim. It is worth noting that the judges have decided to hold off on sending the case back to a lower court for trial until the Supreme Court addresses Trump’s request for emergency relief. This decision signifies a significant step forward in the legal proceedings against the former president.
Smith has already expressed the urgency of resolving the immunity dispute in the courts. This will allow Trump’s Washington, D.C. trial, which was initially scheduled for March 4, to commence later this year.
In December, the special counsel made a request to the Supreme Court to address the immunity issue, even before the D.C. Circuit Court of Appeals had a chance to review it. The aim was to expedite the process and reach a swift resolution. However, the Supreme Court denied this request.
In a December filing, Smith emphasized the importance of the Court’s immediate review to achieve a timely and definitive resolution on the question at hand. He stated, “The Nation has a compelling interest in a decision on [Trump’s] claim of immunity from these charges — and if they are to be tried, a resolution by conviction or acquittal, without undue delay.”
Smith is expected to reject Trump’s request to halt the trial court proceedings while Trump seeks additional relief from the Supreme Court and the full 11-judge bench of the D.C. Circuit. Smith hopes that these courts will rule in favor of former presidents being immune from prosecution for conduct that is arguably related to the presidency, unless they have been impeached and convicted by Congress.
Smith doesn’t need to wait until next Tuesday to reply to Trump’s most recent filing with the high court. This filing was highly anticipated and mostly reiterates arguments that Trump’s attorneys have previously made.