The US Supreme Court declined to expedite a decision on whether Donald Trump has immunity from federal prosecution over his actions to overturn the 2020 election results. The decision, issued on Friday, marks a significant victory for Trump, allowing him to potentially delay his trial scheduled for next March.
The one-sentence denial means that the case is returned to the US Court of Appeals for the District of Columbia Circuit. A three-judge panel is set to hear oral arguments in January, and the case against Trump remains frozen pending the outcome of the appeal.
By choosing not to fast-track the appeal, the Supreme Court has provided Trump with a crucial advantage in his efforts to delay the trial. Even if the DC Circuit rules against him quickly, Trump can further extend the process by requesting a rehearing before the full appeals court and then filing a final appeal to the Supreme Court within 90 days.
Trump faces charges brought by Special Counsel Jack Smith in June for conspiring to impede the peaceful transfer of power. He sought to dismiss the charges, arguing that he could not be prosecuted for actions related to his official duties as president.
The heart of Trump’s legal argument was the claim of absolute presidential immunity, asserting that his actions, including pressuring Vice President Mike Pence and organizing fake slates of electors, were protected as official duties of the president.
Earlier this month, the presiding US District Judge Tanya Chutkan rejected Trump’s motion, paving the way for the former president to lodge an appeal and stay the case during the DC Circuit’s consideration.
Trump’s legal strategy revolves around seeking delays to potentially have the charges dismissed if he wins re-election before the trial takes place. Prosecutors attempted to counter this strategy by urging the Supreme Court to bypass the DC Circuit and address the immunity question directly.
The Supreme Court’s decision to side with Trump underscores the complexities of allowing trial prosecutors to influence issues before the court, highlighting the unusual nature of the emergency petition on the immunity question. The denial emphasizes the challenges in navigating procedural grounds and the potential risks of altering the usual process involving the solicitor general’s office.
Gary P Hernal started college at UP Diliman and received his BA in Economics from San Sebastian College, Manila, and Masters in Information Systems Management from Keller Graduate School of Management of DeVry University in Oak Brook, IL. He has 25 years of copy editing and management experience at Thomson West, a subsidiary of Thomson Reuters.
