The U.S. Supreme Court on Friday declined to immediately rule on former President Donald Trump’s claim that he cannot be prosecuted for trying to overturn his 2020 election defeat, allowing a lower court to continue reviewing the case. question.
The justices, rejecting an extraordinary request from special counsel Jack Smith, refused to effectively bypass a lower appeals court in order to speed up a final decision on Trump’s claim of criminal immunity before the former president’s trial.
Prosecutors have accused Trump, the front-runner for the 2024 Republican presidential nomination, of trying to obstruct Congress and defraud the U.S. government through schemes to overturn Democratic President Joe Biden’s victory in the 2020 election.
Trump argued that the case should be dismissed on the grounds that former presidents cannot face criminal charges for conduct related to their official responsibilities.
District Judge Tanya Chutkan rejected that claim on December 1, prompting Trump to appeal to the Court of Appeals for the District of Columbia Circuit. Trump’s appeal suspended his trial, currently scheduled for March.
In an attempt to avoid delaying Trump’s trial, Smith on Dec. 11 called on the Supreme Court to make a quick ruling — even as the District of Columbia Circuit court races to rule on the issue.
If Trump is re-elected to the White House on November 5, he could seek to pardon himself for any federal crimes.
Trump’s lawyers opposed Smith’s request, telling the justices that the special counsel’s attempt to bypass the normal appeals process amounted to a “rush to decide issues with reckless abandon.”
Three of the Supreme Court’s nine justices were appointed by Trump, who has cemented a 6-3 conservative majority.
By John Kruzel