The Supreme Court on Friday rejected a request by special counsel Jack Smith to fast-track arguments on whether Donald Trump has any immunity from federal prosecution for alleged crimes he committed while in office – a move that will likely delay his trial.
The court did not explain its reasoning and there were no noted dissents.
The court’s decision is a major blow to Smith, who made an extraordinary gamble when he asked the justices to take the rare step of skipping a federal appeals court and quickly deciding a fundamental issue in his election subversion criminal case against Trump.
Both sides will still have the option of appealing an eventual ruling by the DC Circuit Court of Appeals up to the high court, but the court’s move is a major victory for Trump, whose strategy of delay in the criminal case included mounting a protracted fight over the immunity question, which must be settled before his case goes to trial.
No - the precident set is that the supreme court can make decisions on a case before it goes through a full set of appeals. In US v Nixon the supreme court expedited a ruling before the appeals court held a hearing, allowing prosecutors to get to work in a timely fashion. That ruling released and unsealed the evidence that ultimately lead to Nixon’s resignation.
I would think getting this motion moving should help Trump, because he’s clearly innocent and will be very distracted with his cases now looking to start while trying to run for president.