by Katelynn Richardson
The Supreme Court declined special counsel Jack Smith’s request Friday for it to quickly consider a key question in former President Donald Trump’s election interference case without letting the lower court weigh in first.
Smith asked the justices last week to hear former President Donald Trump’s bid to have his election interference case dismissed based on presidential immunity without allowing the D.C. Circuit Court of Appeals to first consider the issue. In an unsigned order Friday, the justices shot down his request.
District Judge Tanya Chutkan declined to dismiss Trump’s case Dec. 1 in a decision that said the presidency “does not confer a lifelong ‘get-out-of-jail-free’ pass.” Trump then appealed her decision to the D.C. Circuit.
Trump’s attorneys told the justices in a filing Wednesday that they should reject Smith’s request, which they alleged had a “partisan motivation,” and to not “rush to decide the issues with reckless abandon.”
“This Court’s ordinary review procedures will allow the D.C. Circuit to address this appeal in the first instance, thus granting this Court the benefit of an appellate court’s prior consideration of these historic topics and performing the traditional winnowing function that this Court has long preferred,” his lawyers wrote Wednesday.
Oral arguments at the D.C. Circuit are scheduled for Jan. 9, 2024.
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Katelynn Richardson is a reporter at Daily Caller News Foundation.
