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By Katherine Fung
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The Supreme Court rejected Department of Justice's (DOJ) special counsel Jack Smith's extraordinary gamble in what was seen as a massive victory for former President Donald Trump in his federal election case.
The Court denied Smith's petition on Friday for expedited consideration on Trump's immunity claim in his federal election case, refusing to jump ahead of the Court of Appeals on the matter. Smith had filed the petition in hopes of fast-tracking arguments on whether the former president could claim that presidential immunity protected him from prosecution. The immunity question must be decided before the case goes to trial.
In August, Trump was indicted by the DOJ on four counts, including conspiracy to defraud the United States; conspiracy to obstruct an official proceeding; obstruction of and attempt to obstruct an official proceeding; and conspiracy against rights. The DOJ's investigation initially centered around the Capitol riot on January 6, 2021, which saw a mob of Trump supporters—allegedly incited by his unfounded claims of widespread voter fraud— violently protest at the Capitol building in a failed effort to block Joe Biden's 2020 Electoral College victory. Meanwhile, Trump has maintained his innocence in the case, accusing prosecutors of investigating him for political purposes.
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The U.S. Supreme Court did not explain on Friday its reasoning for denying Smith's request and there were no noted dissents. The immunity appeal will now go to the D.C. Court of Appeals, which has scheduled arguments for January 9. The matter could go back to the Court after a decision from the appeals court.
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"The Supreme Court just rejected Jack Smith's attempt to rig an election and bypass normal procedure and the appellate court regarding my father's challenge to the fake insurrection January 6 indictments!!!!" Donald Trump Jr., the former president's son wrote on X, formerly Twitter.
Newsweek has reached out to the Department of Justice (DOJ) via email comment.
"HUGE WIN for Pres. Trump: SCOTUS refuses to bend the knee to Deranged Jack Smith and fast track the expedited consideration of Trump's immunity appeal," One America News Network (OANN) national political correspondent Daniel Baldwin celebrated on X. "Smith's March 4th trial date is dead."
Trump had filed his response to Smith's petition on Wednesday, urging the Court justices not to hear the case before it was taken up by a lower court, arguing that the special counsel provided "virtually no explanation" as to how this matter met the Court's stringent standards on which cases are heard without a lower court decision.
"The fact that this case arises in the vortex of political dispute warrants caution, not haste," Trump's attorneys wrote in the court filing.
Although it is rare for the Supreme Court to grant certiorari "before judgement," legal experts previously told Newsweek there has been an increasing number of cases that the Court has accepted to hear without a court of appeals decision.
Legal analyst Andrew Weissmann wrote in a post on X on Friday that given how quickly the D.C. Circuit decided to schedule oral arguments on the immunity claim, the Supreme Court's denial is "not that surprising." However, Weissmann added it will be crucial to watch how the justices respond after a ruling from the court of appeals because if the justices don't expedite their review of the immunity claim, it will be "tricky" for federal prosecutors to secure a trial date before the 2024 presidential election. Meanwhile, Trump is the frontrunner in the 2024 GOP presidential primary.
Smith filed his petition with the Supreme Court in an extraordinary move last week as part of his effort to keep the trial on its scheduled March 4, 2024, date.
The immunity claim has already been rejected by Judge Tanya Chutkan, who is overseeing the case, which is why it's now being heard by the court of appeals. The question is at the forefront of the federal election case because should Trump's claim prevail, there would be no prosecution against him since his alleged efforts to overturn the results of the 2020 election would be protected.
Update 12/22/23, 3:45 p.m.: This article has been updated with additional information.
Update 12/22/23, 3:31 p.m.: This article has been updated with additional information.
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