Republican presidential candidate and former U.S. President Donald Trump attends a campaign event in Waterloo, Iowa, U.S. December 19, 2023.
Scott Morgan | Reuters
Lawyers for Donald Trump on Wednesday urged the Supreme Court not to consider — yet — the question of whether he has presidential immunity from prosecution for federal crimes related to trying to overturn his 2020 election loss.
Trump’s lawyers, in a new filing, objected to the request by Department of Justice special counsel Jack Smith that the Supreme Court fast-track that question.
The former president instead wants the federal appeals court in Washington, D.C., to hear his appeal of a trial court judge’s ruling that he does not have immunity.
“The Special Counsel urges this Court to bypass those ordinary procedures, including the longstanding preference for prior consideration by at least one court of appeals, and rush to decide the issues with reckless abandon,” Trump’s lawyers wrote in their filing with the Supreme Court.
They wrote that the Supreme Court’s “ordinary review procedures will allow the D.C. Circuit to address this appeal in the first instance, thus granting this Court the benefit of an appellate court’s prior consideration of these historic topics and performing the traditional winnowing function that this Court has long preferred.”
And they noted that the appeals court has already granted Smith a “highly expedited review of President Trump’s appeal over President Trump’s opposition.
The final legal briefs in that appeal are due to be filed by Jan. 2, with oral arguments before a three-judge circuit court panel scheduled for Jan. 9.
Federal district court Judge Tanya Chutkan in early December ruled that Trump does not have absolute immunity from prosecution even though he was president at the time of the alleged crimes.
Trump is appealing that ruling to the D.C. Circuit Court of Appeals.
Smith’s request that the Supreme Court grab the appeal out of that court now is seen as an effort to quickly resolve the issue, and potentially allow Trump’s criminal trial to begin as scheduled in March. If the Supreme Court takes the case it is likely to schedule briefing deadlines and arguments quickly, and potentially rule within months.
Trump’s desire to slow-walk the appeal, in turn, is seen as an attempt to delay that trial, potentially until after the 2024 presidential election. As of now, Chutkan cannot take any action in the case while her ruling is being appealed.
Trump is the front-runner for the Republican presidential nomination.
If Trump loses his appeal at the D.C Circuit Court, he is certain to ask the Supreme Court to overturn Chutkan’s ruling.
Three of the nine Supreme Court justices were appointed by Trump.
He has pleaded not guilty in the case, and in three other criminal cases in which he was charged earlier this year.
This is breaking news. Check back for updates.
