Jack Smith and his criminal indictments against Donald Trump are the lynchpin of Joe Biden’s re-election strategy.
But Smith suffered a big setback.
And the Supreme Court crushed Jack Smith with this brutal defeat.
On Friday, the Supreme Court dealt a major blow to Special Counsel Jack Smith by refusing his request to expedite the consideration on whether former President Donald Trump is entitled to immunity from prosecution.
“The petition for a writ of certiorari before judgment is denied,” the high court said in an order.
This will likely delay the trial Smith was hoping would take place on March 4, 2024 – one day before Super Tuesday.
Smith was hoping to bypass the appeals court’s review of the matter and have the Supreme Court step in to quickly decide “[w]hether 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.”
“The United States recognizes that this is an extraordinary request. This is an extraordinary case. The Court should grant certiorari and set a briefing schedule that would permit this case to be argued and resolved as promptly as possible,” Smith’s 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 attorneys said the special counsel “identifies no compelling reason for the extraordinary haste he proposes.”
“This case presents a fundamental question at the heart of our democracy … whether a president may be criminally prosecuted for his official acts,” they wrote. “The ‘paramount public importance’ of that question … calls for it to be resolved in a cautious, deliberative manner – not at breakneck speed.”
In response to the Supreme Court’s decision, attorney for former President Donald Trump, Alina Habba, expressed his gratitude.
“I’m really pleased with the Supreme Court, it really restored my faith in my profession, frankly,” Alina Habba told “Kudlow” guest host David Asman.
“The Supreme Court saw through this. There was no urgent application necessary by Jack Smith. He was trying to usurp the appellate division and go right up to the Supreme Court to have them hear issues of presidential immunity, which is an absolute immunity that presidents have for a very good reason. Frankly so they don’t have to have DAs and AGs come after them after their presidency in this political witch hunt, and the Supreme Court will today say that Jack Smith did not have reason to do so. He needed to stay the course, go through the normal procedures as everybody else, he had no urgency, and there was no dissent in the Supreme Court’s decisions. So, it was a very great day for team Trump, and we’ll keep pushing.”
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