December 22, 2023

In a one-sentence unsigned ruling, the U.S. Supreme Court refused to fast-track the "criminal immunity" case that Jack Smith appealed directly to them, leaving the case unresolved until the appellate court hears it.

This will could derail the March, 2024 trial date for the January 6th case Jack Smith is prosecuting.

“This case involves — for the first time in our Nation’s history — criminal charges against a former President based on his actions while in office,” Smith wrote in his Supreme Court filing. “And not just any actions: alleged acts to perpetuate himself in power by frustrating the constitutionally prescribed process for certifying the lawful winner of an election.”

Arguments to the appeals court are scheduled for January 9th. Then the court will have to rule before the case is appealed to the Supreme Court.

Supreme court reporter and legal expert Chris Geidner is optimistic. "My take: This pushes things a bit, but the DC Circuit arguments are Jan 9. That appeals court has been very quick in its resolution of these cases; I imagine we’ll be back to SCOTUS by the end of January," He wrote on Twitter/X. "Not what Smith wanted, but not a huge delay. (See also: No noted dissents.)"

The Daily Beast's David Rothkopf not so much. He wrote, "There are no good, pro-Constitution, pro-democracy, pro-best interests of American society or the reputation of the Supreme Court reasons for taking this position. It only helps Trump and hurts the country."

I want to take Chris Geidner's outlook on this. I just don't trust SCOTUS to act in the best interests of the country these days.

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