Trump Prosecutor Asks For (And is Granted) Rapid Supreme Court Consideration

Smith asked the nation’s highest court to review a recent ruling made by District Court Judge Tanya Chutkan. 

The presiding judge in Trump’s January 6th trial scheduled for March 2024, Chutkan rejected a request by the ex-president’s attorneys to dismiss the case. Trump’s lawyers argued that he enjoys presidential immunity for his actions to overturn the 2020 election (including his incitement of the insurrection), suggesting they were part of his official duties as the nation’s chief executive. 

Chutkan disagreed, concluding Trump’s 4-year-term does not afford him a “get-out-of-jail-free card” for the rest of his life for alleged crimes committed while in office.

Because Trump’s attorneys intend to appeal to Chutkan’s appellate court superiors and create as many delays as possible, Smith’s uncommon request to leapfrog the appellate court has been interpreted as a pre-emptive move so that the trial may begin—and potentially conclude—before the November 2024 presidential election. 

“This case presents a fundamental question at the heart of our democracy: whether a former President is absolutely immune from federal prosecution committed while in office or is constitutionally protected from federal prosecution when he has been impeached but not convicted before the criminal proceedings begin,” Smith’s petition says.

The Court seemingly concurred, granting a nearly-immediate expedited consideration and ordering Trump’s attorneys to file a reply by December 20th at 4pm ET.

Though this means the Court will expediently consider whether to hear the case, it does not guarantee that they will hear it.

(Video credits)