The Story Thus Far: In Trump’s J6 trial in DC, U.S. District Judge Tanya Chutkan set a March 4 trial date. And she seems determined to keep that date. She’s begun the process of jury selection already.
Trump’s entire strategy consists of slowing down the process so he can get elected president again before he’s found guilty. To that end, Trump is claiming absolute immunity from prosecution for anything he did while he was president. It’s basically the Nixonian “if the president does it …” position. He filed a motion claiming immunity with Chutkan, that she denied. Then on Thursday he filed a notice that he intends to appeal Chutkan’s decision to the D.C. Circuit Court, and he demanded that all court procedings stop until the D. C. Circuit gives an opinion. (It’s not clear to me whether this appeal has been filed or if it’s something he still intends to get to eventually, like in 2025.)
Last night Jack Smith filed a response to Trump’s Thursday notice, saying that Judge Chutkan doesn’t have to stop the whole process. Chutkan can still hold the March trial date on the calendar. She can continue to rule on already pending motions. She can enforce the gag order against Trump and the terms of his release. She can keep things moving forward for the time being.
And today Jack Smith went to the Supreme Court and asked the Court to go ahead and decide whether Trump has absolute immunity.
“This case presents a fundamental question at the heart of our democracy: whether a former President is absolutely immune from federal prosecution for crimes committed while in office,” Smith wrote in the court filing.
Smith said it was “of imperative public importance” that the high court decide the question so that Trump’s trial, currently scheduled for March, can move forward as quickly as possible. …
… Smith asked the court to order Trump to respond by Dec. 18 and then immediately act on his request. Under the timeline proposed by Smith, the court — if it decides to step in — could hear arguments and issue a ruling in a matter of weeks.
There is precedent for such an outcome, with Smith citing the 1974 U.S. v. Nixon case, in which the court ruled on an expedited basis that President Richard Nixon had to hand over tape recordings sought during the Watergate scandal probe. Nixon resigned soon after the ruling.
More recently, the court has on several occasions taken up cases at an early stage of litigation to decide issues of national importance, such as the Biden administration’s vaccine mandate for businesses and its plan to forgive student loan debt. The justices ruled against Biden in both cases.
Of course there is no telling what the current Court might do. But the question will end up there, anyway. There’s been no response from the Court so far whether they will accept Smith’s request.
In other news: Kate Cox has left Texas to terminate her pregnancy elsewhere. News reports don’t say where. I do not blame her. Now let’s see if odious toad Ken Paxton tries to prosecute her if she returns to Texas.
Update: The Texas Supreme Court ruled against Kate Cox. Texas women have the legal status of cows now.
Update: SCOTUS will hear Jack Smith’s request. They ordered a response from Trump’s lawyers by Wednesdday, December 20.