The Supreme Court said Friday it will not immediately take up a plea by special counsel Jack Smith to rule on whether former President Donald Trump can be prosecuted for his actions to overturn the 2020 election results.
The ruling is a scheduling win for Trump and his lawyers, who have sought repeatedly to delay the criminal cases against him as he campaigns to reclaim the White House in 2024. It averts a swift ruling from the nation's highest court that could have definitively turned aside his claims of immunity and further throws into doubt the possibility of the landmark trial proceeding as scheduled on March 4.
The issue will now be decided by the U.S. Court of Appeals for the District of Columbia Circuit, which has signaled it will act quickly to decide the case. Special counsel Jack Smith had cautioned that even a rapid appellate decision might not get to the Supreme Court in time for review and final word before the court’s traditional summer break.
Smith had pressed the Supreme Court to intervene, citing significant public interest in a speedy resolution to the case. The request to leapfrog the appeals court, which Smith himself acknowledged was "extraordinary," also underscored prosecutors' concerns that the legal fight over the issue could delay the start of Trump’s trial beyond next year’s presidential election.
The justices turned down the request for swift action in a single-sentence order Friday afternoon. As is the court’s custom, the court gave no explanation for the decision. The Justice Department declined to comment.
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