Supreme Court shuts down request from Special Counsel Jack Smith

 December 23, 2023

In an effort to keep his prosecution of former President Donald Trump from being thrown off schedule, Special Counsel Jack Smith recently asked the Supreme Court to rule on the issue of presidential immunity.

Yet in what may prove to be a knockout win for Trump, America's highest judicial body just turned down Smith's request. 

No explanation given for decision

According to CBS News, the decision was announced on Friday afternoon with a single sentence that read, "The petition for a writ of certiorari before judgment is denied."

No explanation was provided for the unsigned order and it is not known as to whether any of the nine justices dissented.

As Fox News noted, Smith indicted Trump this past August over actions the former president took following the 2020 election.

His indictment includes charges of conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of an attempt to obstruct an official proceeding, and conspiracy against rights.

Defense lawyers argue that Trump's actions were covered by presidential immunity

While Trump's attorneys submitted a motion to dismiss on the grounds that he is immune from prosecution, CBS News reported earlier this month that U.S. District Judge Tanya Chutkan rejected it.

"Whatever immunities a sitting President may enjoy, the United States has only one Chief Executive at a time, and that position does not confer a lifelong 'get-out-of-jail-free' pass," she wrote.

Trump's legal team responded by filing an appeal of Chutkan's ruling with the U.S. Court of Appeals for the District of Columbia Circuit.

In an effort to save the trial's March 4 start date, Smith responded by asking the Supreme Court to expedite matters by deciding the matter immediately, something its justices were not prepared to do.

 Former Supreme Court clerk: "Christmas came two days early for Donald Trump"

John Yoo is a former deputy assistant attorney general who also served as a clerk under Justice Clarence Thomas, and he told Fox News that Friday's ruling could mean that Trump's trial will not wrap up until after next year's election.

"Christmas came two days early for Donald Trump," Yoo declared before adding, "You can't say this is anything but a victory for him and a defeat for the special counsel."

"This means, in all likelihood, this criminal trial is going to get pushed back into the summer, won't be able to start until this immunity issue is handled," he continued.

" A free people [claim] their rights, as derived from the laws of nature."
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