Will the Supreme Court’s decision not to hear the Trump immunity case end up as a win or a loss for Donald Trump?
Politics :
During the holiday break, prosecutor Jack Smith petitioned the US Supreme Court to expedite a hearing regarding Donald Trump’s claims of presidential immunity. Trump claimed he is immune from prosecution for attempting to overturn the 2020 presidential election — which is the entirety of Jack Smith’s case in the District of Columbia. However, if Trump is under the impression that the high court’s decision not to hear the case at this time is a home-run win for him, he might be sorely mistaken.
Although the Supreme Court denied the request to hear the case, they did not reject the validity of Jack Smith’s dismissal of the Trump immunity argument. Instead, they only asked Smith to go through the proper legal channels and first direct his request through a lower appellate court. Granted, the directive will further delay the Trump immunity trial later than its intended early March start date (a tactic Trump hopes he can continue until he’s possibly re-elected, so he can then dismiss all charges against himself). However, it could still end up problematic for ‘The Donald.’
Jack Smith was directed to take his request to the District of Columbia Circuit Court. However, that court is made up of Biden appointees Michelle Childs and Florence Pan, as well as George H.W. Bush appointee Karen Henderson — 3 justices who are likely not to side with Trump’s immunity claims.
“The Supreme Court’s decision to wait for the DC Circuit to rule might actually be bad news for Trump. If, as many expect, the DC Circuit concludes that Trump is not immune from criminal prosecution, then Trump will appeal to the high court,” Loyola University Law School professor Jessica Levinson said. “But the court doesn’t have to take the case. By declining to hear the case, the DC Circuit court’s decision would stand.”
Or, in other words, the DC Circuit Court could rule against Trump’s immunity claims, which might then prompt the US Supreme Court to not even hear the case. If this were to happen, it would mean the judgment of the lower court would stand and end as a loss for Trump.
“The Supreme Court could simply affirm the DC Circuit’s ruling without a full briefing and oral arguments,” Levinson added. “The Court’s decision not to intervene now could actually indicate there’s really no reason for their involvement because this is not a close call.”
Donald Trump’s legal team is claiming their client should be immune from prosecution because the conduct noted in the indictment happened while he was still in office (including the Jan. 6, 2021, riot on the Capitol). Their argument was previously rejected by the original judge overseeing the case.
However, Smith is arguing that an individual who once served as president may face “investigation, indictment, trial, and, if convicted, punishment for conduct committed during the Presidency.”
“The President stands alone in the constitutional firmament, but legal principles and historical evidence establish that, once out of office, a former President may face federal criminal prosecution like any other citizen,” his filing reads.
Former White House ethics lawyer Jim Schultz, who served in the Trump administration, put it all into perspective on Monday with a grave prediction. He’s almost certain that Trump will “swiftly” lose his claim for immunity.
OK WASSUP! discusses Politics:
Trump immunity, Jack Smith, and the Supreme Court
It is going to be interesting to see what the Supreme Court does with all this Trump business. Some of the conservatives might want to help him out but they are going to have a problem. If they give Trump immunity he could get elected again then have so much power it makes the court useless. I doubt they want to do that and that is why he is probably going to lose this one.