SCOTUS Rejects Jack Smith’s Request to Hear Trump’s Immunity Claim Immediately

The Supreme Court of the United States has rejected Special Counsel Jack Smith’s request to expedite the appeal regarding former President Donald Trump’s claim of immunity he has asserted as a defense to the criminal charges against him related to his efforts to overturn the 2020 election.

At the beginning of the month, Judge Tanya Chutkan denied two motions to dismiss from Trump’s team, based on First Amendment and presidential immunity claims. Trump appealed the ruling, and Smith took the unusual step of filing a request directly to the Supreme Court asking them to immediately rule on the issue, arguing that the case involves “an issue of exceptional national importance.”

Normally, the appeal would first go to the D.C. Circuit Court of Appeals, and then whichever side lost at that level would have the option to appeal to the Supreme Court. As many legal observers have noted, the immunity issue is fundamental to the question of Trump’s criminal liability and must be settled before the case can proceed to trial. Smith’s effort to skip the intermediate appellate level was viewed as a strategic move to keep the trial on schedule, and the Supreme Court’s rejection benefits Trump, who has sought to delay his various criminal prosecutions and civil trials as the 2024 election looms closer.

Earlier this month, the nation’s highest court agreed to consider Smith’s request.

Friday’s ruling rejected that request, and was issued as a one-sentence denial without further explanation or dissents: “The petition for a writ of certiorari before judgment is denied.”

The next step is the oral arguments scheduled for Jan. 9 at the appellate court.

This is a breaking news story and has been updated with additional information.