The federal appeals court in Washington, D.C., has agreed to a request from Special Counsel Jack Smith to expedite their consideration of a dispute over whether Donald Trump holds presidential immunity covering his time in office that should block the January 6-related case from Smith. Smith’s criminal case against Trump accuses him of several conspiracies inherent to his attempts to stay in power after the last presidential election despite losing to Joe Biden.
Trump’s team has argued that he holds legal immunity covering everything he did within the so-called outer perimeter of his presidency without an impeachment and accompanying Senate conviction covering the disputed conduct. Judge Tanya Chutkan already rejected these arguments, spurring Trump’s appeal to judicial authorities at a higher level. Alongside the proceedings now before a three-judge panel of the D.C. appeals court, Smith has also asked the Supreme Court to go ahead and take up the dispute so that the legal wrangling can be resolved more quickly, with an eye towards keeping trial on track. It’s currently scheduled for March, but appeals over Trump’s immunity claims could push back that scheduling.
The decision at the appeals court level means Trump’s team is now under court order to file an initial round of arguments by the day before Christmas Eve, meaning December 23. Arguments from the government are required a week later, with final arguments from the Trump team in reply demanded by January 2.
The Supreme Court, meanwhile, has already agreed to expedited consideration of whether to intervene at this stage, and the court could issue its decision — potentially cutting off the litigation process now moving more quickly at the mid-level appeals court — before the D.C. appeals judges finish receiving written arguments. The Trump team has already filed arguments with the Supreme Court opposing their prospective early intervention, comparing Smith to the fictional character the Grinch for pushing ahead even through the holiday season.
