The Supreme Court on Friday rejected a request by special counsel Jack Smith to fast-track arguments on whether Donald Trump has any immunity from federal prosecution for alleged crimes he committed while in office – a move that will likely delay his trial.
The court did not explain its reasoning and there were no noted dissents.
The court’s decision is a major blow to Smith, who made an extraordinary gamble when he asked the justices to take the rare step of skipping a federal appeals court and quickly deciding a fundamental issue in his election subversion criminal case against Trump.
Both sides will still have the option of appealing an eventual ruling by the DC Circuit Court of Appeals up to the high court, but the court’s move is a major victory for Trump, whose strategy of delay in the criminal case included mounting a protracted fight over the immunity question, which must be settled before his case goes to trial.
Given there were no dissents, its likely above board.
All of the court ascribes to “We don’t want to look political despite being very political”, and this is a cheap win in that area for them. ‘Above board’ is a strong term.
There were no noted descents. This wasn’t a ruling. We don’t have 9 voices. It means that less than 4 justices wanted to take the case. It’s rare any desents in this type of decision would be public.