Â鶹´«Ã½

Skip to main content

U.S. Supreme Court rejects prosecutor's push to fast-track ruling in Trump election subversion case

Share
WASHINGTON -

The U.S. 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 it 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 signalled 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 prompt resolution to the case. The request to leapfrog the appeals court, which Smith himself acknowledged was "extraordinary," also underscored prosecutors' concerns that the fight over the issue could delay the start of Trump's trial beyond next year's presidential election.

The justices turned down Smith's request in a single-sentence order Friday. As is customary, the court gave no explanation for the decision.

With the justices remaining out of the dispute for now, additional appeals are likely that could delay the case. If the appeals court, which is set to hear arguments on Jan. 9, turns down Trump's immunity claims, he could then ask for the Supreme Court to get involved -- giving the justices another opportunity to decide if they want to weigh in.

U.S. District Judge Tanya Chutkan has already put the case on hold while Trump pursues his claim that he is immune from prosecution. Chutkan has raised the possibility of keeping the March trial date if the case promptly returns to her court.

She earlier rejected the Trump team's arguments that an ex-president could not be prosecuted over acts that fall within the official duties of the job.

"Former presidents enjoy no special conditions on their federal criminal liability," Chutkan wrote in a Dec. 1 ruling. "Defendant may be subject to federal investigation, indictment, prosecution, conviction, and punishment for any criminal acts undertaken while in office."

In a statement Friday, Trump insisted anew that he was "entitled to presidential immunity" and was looking forward to having his case heard before the appeals court.

There are still more Trump-related cases that the Supreme Court, which includes three justices appointed by him, is poised to grapple with.

Trump's lawyers plan to ask the court t to overturn a decision by the Colorado Supreme Court barring him from that state's ballot under Section 3 of the 14th Amendment, which prohibits anyone who swore an oath to support the Constitution and then "engaged in insurrection" against it from holding office.

And the court separately has agreed to hear a case over the charge of obstruction of an official proceeding that has been brought against Trump and more than 300 of his supporters who stormed the Capitol on Jan. 6, 2021.

In the current immunity case, Smith had tried to persuade the justices to take up the matter directly, bypassing the appeals court.

"This case presents a fundamental question at the heart of our democracy: whether a former president is absolutely immune from federal prosecution for crimes committed while in office or is constitutionally protected from federal prosecution when he has been impeached but not convicted before the criminal proceedings begin," prosecutors wrote.

Underscoring the urgency for prosecutors, Smith and his team wrote: "It is of imperative public importance that respondent's claims of immunity be resolved by this Court and that respondent's trial proceed as promptly as possible if his claim of immunity is rejected."

Trump's lawyers have for months signaled that they would ultimately ask the Supreme Court to take up the immunity question. But they urged the justices this week to stand down for now, saying there was no reason to rush a decision.

"Importance does not automatically necessitate speed. If anything, the opposite is usually true. Novel, complex, sensitive and historic issues -- such as the existence of presidential immunity from criminal prosecution for official acts -- call for more careful deliberation, not less," Trump's lawyers wrote.

Justice Department policy prohibits the indictment of a sitting president. Though there's no such bar against prosecution for a former commander in chief, lawyers for Trump say that he cannot be charged for actions that fell within his official duties as president -- a claim that prosecutors have vigorously rejected.

Trump faces charges accusing him of working to overturn the results of the 2020 election he lost to Democrat Joe Biden before the violent riot at the Capitol. He has denied any wrongdoing.

The high court still could act quickly once the appeals court issues its decision. A Supreme Court case usually lasts several months, but on rare occasions, the justices shift into high gear.

Nearly 50 years ago, the justices acted within two months of being asked to force President Richard Nixon to turn over Oval Office recordings in the Watergate scandal. The tapes were then used later in 1974 in the corruption prosecutions of Nixon's former aides.

It took the high court just a few days to effectively decide the 2000 presidential election for Republican George W. Bush over Democrat Al Gore.

The case in Washington is one of four he faces.

He's also been charged by Smith with illegally hoarding classified documents at his Mar-a-Lago estate, a case set for trial next May, and is accused by state prosecutors in Georgia of scheming to subvert that state's presidential election and in New York in connection with a hush money payment to a porn actress.

--------

Associated Press writer Lindsay Whitehurst in Washington contributed to this report.

CTVNews.ca Top Stories

An Edmonton man says he was in the wrong place at the wrong time when he was injured by members of the Edmonton Police Service last year.

The brother of a 27-year-old man who was fatally shot in Scarborough over the weekend has been arrested and charged in connection with his death, say police.

The Royal Canadian Mint has introduced its latest Gold Maple Leaf bullion coin – made entirely from gold sourced from a single mine in northern Ontario

Local Spotlight

Cole Haas is more than just an avid fan of the F.W. Johnson Wildcats football team. He's a fixture on the sidelines, a source of encouragement, and a beloved member of the team.

Getting a photograph of a rainbow? Common. Getting a photo of a lightning strike? Rare. Getting a photo of both at the same time? Extremely rare, but it happened to a Manitoba photographer this week.

An anonymous business owner paid off the mortgage for a New Brunswick not-for-profit.

They say a dog is a man’s best friend. In the case of Darren Cropper, from Bonfield, Ont., his three-year-old Siberian husky and golden retriever mix named Bear literally saved his life.

A growing group of brides and wedding photographers from across the province say they have been taken for tens of thousands of dollars by a Barrie, Ont. wedding photographer.

Paleontologists from the Royal B.C. Museum have uncovered "a trove of extraordinary fossils" high in the mountains of northern B.C., the museum announced Thursday.

The search for a missing ancient 28-year-old chocolate donkey ended with a tragic discovery Wednesday.

The Royal Canadian Mounted Police is celebrating an important milestone in the organization's history: 50 years since the first women joined the force.

It's been a whirlwind of joyful events for a northern Ontario couple who just welcomed a baby into their family and won the $70 million Lotto Max jackpot last month.