In a surprising move, the Supreme Court announced on Friday that it will not hear Donald Trump’s claim that he is immune from prosecution for trying to steal the 2020 election.
It’s a tremendous victory for Trump, as his criminal trial for his attempt to remain in office after losing that election is currently on pause until this immunity question works its way through the appellate process.
Trump’s strategy since special counsel Jack Smith brought a pair of federal indictments against him earlier this year has been to try to delay his trials as much as possible. If Trump is elected president this November, he will gain command and control over the Justice Department, and can order it to drop the criminal charges against him.
Six of the nine justices are Republicans, and three were appointed by Trump himself. The Court did not explain its decision to avoid this issue. The entirety of the Court’s Friday order in the case, appropriately named United States v. Trump, states that “The petition for a writ of certiorari before judgment is denied.”
Smith asked the Supreme Court to bypass a federal appeals court and decide whether Trump is immune from prosecution as quickly as possible — so as to lift the pause on Trump’s criminal trial. By rejecting this request, the GOP-controlled Supreme Court helps Trump run out the clock.
Often, trial courts lose jurisdiction over a case while that case is on appeal. Judge Tanya Chutkan, the trial judge hearing Trump’s election theft case, agreed that this prosecution must be put on pause until Trump’s immunity argument works its way through the appellate courts.
The case is currently on appeal for before the United States Court of Appeals for the District of Columbia Circuit — which means that a great deal now rides on how fast the DC Circuit can rule on Trump’s immunity claim and potentially remove the hold on allowing Trump’s criminal trial to move forward. The DC Circuit is scheduled to hear oral…
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