The U.S. Supreme Court has agreed to quick consideration of a request from Special Counsel Jack Smith for the judges to step in as former President Donald Trump argues before a federal appeals court that he holds wide-ranging immunity from federal prosecution for actions he took while in office. The context for this dispute is the case that Smith brought accusing the former president of multiple criminal conspiracies inherent to his attempts to stay in office despite losing the last presidential election according to all credible sources.
If Trump’s arguments are accepted at any level, the idea from the former president’s team is to thereby secure an end to the case. Trump’s arguments are that actions within the so-called outer perimeter of the presidency are essentially entirely shielded from prosecution unless there’s been an impeachment followed by a Senate conviction covering contested conduct.
“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,” a new Supreme Court order says. “Respondent,” in this context, refers to Trump, meaning his team is now under Supreme Court order to produce a response to arguments from federal prosecutors within just over a week.
Presumably, a Supreme Court decision on whether to grant Smith’s requests would come quickly after. The specific question first under dispute is whether the Supreme Court will, in fact, take up the controversy, as that’s the meaning of a writ of certiorari — and it would be coming before the referenced judgment of the lower-level appeals court to which Trump already brought his immunity arguments after district Judge Tanya Chutkan’s rejection. “Smith asked the Supreme Court to take up the issue on an accelerated basis, with the possibility of oral arguments early next year,” POLITICO explained, discussing the possibilities if the Court does take up the dispute for more comprehensive consideration.
