The Supreme Court is expected to rule on Donald Trump’s presidential immunity before his trial on election fraud charges on March 4, 2024.
On Sunday, Justice Department special counsel Jack Smith asked the Supreme Court to take the case “certiorari before judgment”—meaning it would bypass the long federal appeals process and go straight to America’s highest court.
This was done in United States v. Nixon, after President Richard Nixon refused to hand over secret White House tape recordings to a special prosecutor during the Watergate scandal, and it is only used in extraordinary cases.
“The United States recognizes that this is an extraordinary request,” Smith’s filing said. “This is an extraordinary case.”
On Monday, the Supreme Court granted the request on an expedited basis and said Trump’s lawyers had until 4 p. m. Wednesday to respond to Smith’s request. That delay for Trump’s lawyers is two days longer than Smith had requested.
“Petitioner’s motion to expedite consideration of the petition for a writ of certiorari before judgment is granted, and respondent is directed to file a response to the petition on or before 4 p.m. (EST) on Wednesday, December 20, 2023,” the court wrote. It does not mean the court will take up the case, only that it will consider the request as quickly as it can.
Trump indicted on 4 counts in Washington, D. C. , for allegedly running to overturn the effects of the 2020 election in the run-up to the 2021 riot at the U. S. Capitol. U. S. Charges and Conspiracy to Obstruct an Official Proceeding.
This is one of four criminal cases Trump faces as he campaigns as the front-runner for the Republican presidential nomination. He also pleaded not guilty to the charges in the other cases and said they were part of a political witch hunt.
Newsweek sought email comment on Tuesday from Trump’s attorney.
The Supreme Court has a convention day until Jan. 5, 2024, so that’s probably the earliest date it will vote on whether to hear the case.
A convention day is a closed-door consultation of the Supreme Court where the justices vote on which one to accept.
Given the exceptionally serious nature of the case, it is conceivable that the Supreme Court would hold a special convention the day before that date to vote on the case.
If you accept the case, you will simply be able to hear oral arguments in early 2024. Since it only agreed to expedite its resolution on whether or not to hear the case, there is no guarantee that the case itself will be placed on an expedited proceeding. .
In October, Trump’s legal team filed its first motion to dismiss the case, raising what Trump’s lawyers claim is his “absolute immunity” from prosecution for movements made while in office in the nation.
The judge overseeing the case, D.C. District Judge Tanya Chutkan, rejected the motion.
Sean O’Driscoll is a court reporter and criminologist for Newsweek based in Ireland. Its purpose is to inform about U. S. legislation. He has covered human rights and extremism extensively. Sean joined Newsweek in 2023 and in the past has worked for The Guardian, The New York Times, BBC, Vice, and others in the Middle East. He specialized in human rights issues in the Persian Gulf and conducted a three-month investigation into labor rights abuses for the New York Times. In the past it was founded in New York City for 10 years. He is a graduate of Dublin City University and is a qualified lawyer in New York and an Irish notary.
You can reach Sean by emailing s. odriscoll@newsweek. com. Languages: English and French.