Supreme Court Delivers Bad News To Biden’s DOJ

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( – On Tuesday, the U.S. Supreme Court mandated that Special Counsel Jack Smith provide a response within a week to Donald Trump’s plea to maintain a pause on his federal trial concerning the events of January 6th, as Trump contests his immunity claims through an appeal. The Supreme Court has set the deadline for Smith’s response for February 20th, indicating a relatively measured pace for this process.

Trump had previously submitted an urgent request to the Supreme Court, aiming to halt a lower court’s decision that dismissed his claim of presidential immunity from the charges, a stance that has thus far allowed him to postpone his trial as he navigates the appeals process.

The decision that the Supreme Court will ultimately make regarding Trump’s request is expected to significantly impact the timing of the former president’s trial, which could potentially occur before the year’s elections. Originally, the trial was scheduled to commence on March 4th but was deferred due to Trump’s ongoing appeal regarding the issue of immunity.

Special Counsel Smith has been keen on expediting Trump’s trial to mitigate the chance of Trump potentially re-entering the White House and either pardoning himself or instructing the Justice Department to dismiss the case.

Smith is now required to address Trump’s recent strategy to delay his trial until he has the opportunity to seek a full review of his immunity claims by the District of Columbia Circuit Court of Appeals and, if necessary, by the Supreme Court thereafter.

The timeline allocated for Smith’s response is not as rapid as the Supreme Court’s handling of some other recent emergency matters, suggesting that the justices do not perceive Trump’s case as requiring immediate attention.

For instance, in a recent case involving an anti-affirmative action group’s challenge to the admissions policies at the U.S. Military Academy at West Point, the Supreme Court demanded a response within just four days. Similarly, in an emergency case related to Michigan’s state legislative maps, the response was due six days after the initial application.

In contrast, the Supreme Court has allowed an eight-day window for Smith to respond to Trump’s filing, a period that also encompasses the President’s Day holiday weekend.

It is worth noting that Smith has the option to submit his response ahead of the set deadline.

Trump faces four federal felony charges in this case, accusing him of attempting to undermine the results of the 2020 election. This is one of four criminal cases against him, and he has entered a plea of not guilty to all charges.

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