Biden and his corrupt DOJ lose again!
The Supreme Court’s dismissal of the Department of Justice’s (DOJ) special counsel Jack Smith’s unusual legal maneuver marks a significant development in the federal election case involving former President Donald Trump. In a move widely perceived as a triumph for Trump, the Court, on Friday, rejected Smith’s request for expedited consideration of Trump’s immunity claim, opting not to leapfrog the Court of Appeals in addressing the matter.
Smith had sought to accelerate the examination of whether the former president could assert presidential immunity as protection from prosecution, a crucial question that needs resolution before the case proceeds to trial. The DOJ had indicted Trump in August on four charges related to the Capitol riot on January 6, 2021, where a mob of his supporters, allegedly incited by his baseless claims of election fraud, violently protested at the Capitol building.
The Court did not provide a detailed rationale for denying Smith’s petition, and no dissenting opinions were recorded. Consequently, the immunity appeal will now advance to the D.C. Court of Appeals, which has scheduled arguments for January 9. Following a decision by the appeals court, the matter could potentially return to the Supreme Court.
Despite the rarity of the Supreme Court granting certiorari “before judgment,” legal experts noted an increasing trend in such cases. Trump’s legal team, in their response to Smith’s petition, emphasized the need for caution in handling a case intertwined with political disputes. Notably, Trump’s attorneys argued that Smith provided inadequate explanation for why the case warranted Supreme Court attention without first undergoing lower court proceedings.
While the D.C. Circuit’s swift scheduling of oral arguments on the immunity claim may have influenced the Supreme Court’s denial, legal analyst Andrew Weissmann highlighted the importance of monitoring the justices’ response post the court of appeals ruling. Should the review of the immunity claim not be expedited, federal prosecutors could face challenges securing a trial date before the 2024 presidential election, where Trump is currently a frontrunner in the GOP primary. Smith’s unusual petition, filed as part of an effort to maintain the scheduled March 4, 2024, trial date, underscores the pivotal role the immunity claim plays in the federal election case.