Lawyers for former President Donald Trump have urged the Supreme Court to dismiss a request from Special Counsel Jack Smith to decide immediately whether Trump can face trial over the alleged conspiracy to overturn the 2020 election results. The argument was made in a 34-page filing on December 20, 2023.
The requested review, according to Trump’s lawyer, D. John Sauer, undeniably warrants Supreme Court attention, yet it should be resolved cautiously and not in haste. Sauer’s argument follows a ruling made by U.S. District Judge Tanya Chutkan earlier this month, where she rejected Trump’s claim that he cannot be prosecuted. Trump has since appealed to the D.C. Circuit, with oral proceedings set for January 9.
Special Counsel Jack Smith argues that unless the immunity case bypasses the D.C Circuit immediately, the Supreme Court may not have ample time to resolve the issue during its current term, potentially affecting the 2024 elections. The foreshadowed delay due to the Supreme Court waiting for the Appeals Court conclusions, Sauer suggests, would be minor as the D.C Circuit has already expedited the appeal proceedings.
D. John Sauer’s brief on Trump’s behalf further rebuffs the notion that the Supreme Court should intervene at this juncture. He attributes Smith’s eagerness to partisan motives, alleging it’s a calculated move to ensure Trump, the likely Republican presidential candidate, faces trial amid his campaign, thereby potentially tarnishing the Court’s procedures with an aura of partisanship.
Furthermore, Sauer argues that the Supreme Court lacks the requisite authority to consider the case since Smith won in the lower court. He asserts that the potential delay in Trump’s trial, presently scheduled for March 4, 2024, is not due to Judge Chutkan’s ruling and therefore the government lacks the requisite injury to file an appeal. The trial date’s feasibility is under scrutiny due to recent developments including the Court’s announcement on December 13 to rule on the very law underpinning Trump’s case in a similar case, Fischer v. United States – potentially further delaying the trial.
You can read full details of the filed brief and the case’s intricacies on Amy Howe’s SCOTUblog post here.