WASHINGTON (CN) — The Supreme Court set a briefing schedule on Tuesday to review Donald Trump’s presidential immunity appeal, ordering special counsel Jack Smith to respond by next week.
Smith was instructed to file a brief responding to the former president’s emergency appeal by Feb. 20. Trump will have time to submit a reply brief, and then the justices will decide whether a stay is warranted.
The timeline is typical of most emergency applications; however, the justices have moved more quickly on cases when they deem a speedy decision necessary.
Trump asked the high court to block a D.C. Circuit ruling finding he could be criminally prosecuted on charges he undermined the results of the 2020 election and interfered with the peaceful transfer of presidential power. The former president cited his 2024 presidential campaign as a reason why he shouldn’t face trial for his response to losing the 2020 election.
“Conducting a monthslong criminal trial of President Trump at the height of election season will radically disrupt President Trump’s ability to campaign against President Biden — which appears to be the whole point of the special counsel’s persistent demands for expedition,” D. John Sauer, an attorney with James Otis Law Group, wrote in Trump’s application.
Smith brought four criminal charges against Trump, claiming he conspired to defraud the United States, to obstruct an official proceeding, and to deprive voters of their right to have their votes counted. Trump has pleaded not guilty to his D.C. charges and the 87 other charges he faces in other states.
Prosecutors accuse Trump of trying to remain in power despite knowing he lost a free and fair election. In Trump’s indictment, Smith details efforts the former president took to create doubt about the legitimacy of the election so he could instead be declared the winner.
Smith said Trump wanted then-Vice President Mike Pence to use false certificates created by electors convinced of Trump’s bogus fraud claims to certify him as the next president on Jan. 6, 2021. When Pence refused to go along with this scheme, Trump sent his supporters to the Capitol to obstruct the proceeding instead.
Trump wants to use his status as a former president to preempt his trial for the election subversion charges, claiming presidents have immunity from all criminal charges.
U.S. District Judge Tanya Chutkan rejected his defense, finding that former presidents were not entitled to a “get-out-of-jail-free” pass.
The justices refused to rush Trump’s appeal of Chutkan’s ruling, deciding instead to allow the D.C. Circuit to review the case first. A unanimous panel on the appeals court rejected Trump’s immunity defense, finding that Trump was now a citizen and could face criminal charges.
Chutkan was forced to pause proceedings in Trump’s D.C. trial while he appealed the use of his immunity defense. Trump said he wants to further delay those proceedings by allowing the full D.C. Circuit to review his case before the justices can do so.
In the meantime, Trump wants the high court to put the appeals court ruling on hold to prevent any further action from Chutkan.
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