In response to former President Trump's plea to postpone his January 6 federal trial while he challenges his claims of immunity, special counsel Jack Smith was given a week by the Supreme Court on Tuesday to reply. The Supreme Court issued a short order on Tuesday, February 20, asking Smith to reply—not exactly a quick turnaround time.
In an attempt to challenge the lower court's decision that he lacks presidential immunity from the charge, Trump filed an emergency request on Monday. This move allows him to postpone his trial while the appeals process is ongoing.
If Trump's move is granted, the Supreme Court's ruling would likely have a significant impact on whether the former president's trial occurs before this year's elections. Trump challenged the immunity issue, thus the trial, which was initially set for March 4, was postponed.
To minimize the chance that Trump may return to the White House, pardon himself, or order the Justice Department to drop the prosecution, Smith has worked to get Trump to trial as soon as possible.
The special counsel will now have to reply to Trump's most recent strategy by next Tuesday. He is asking that his trial be postponed until he can petition the Supreme Court and the whole District of Columbia Circuit Court of Appeals to consider his claims of immunity.
Smith's answer took longer than expected, but it may be an indication that the justices do not think Trump's case is particularly urgent given how they have handled other previous emergency applications.
The U.S. Military Academy at West Point was forced to answer within four days by the Supreme Court after an anti-affirmative action organization challenged the school's racial admissions policy on the emergency docket last month.
The answer was supposed to be sent six days after the application was first filed, according to a court order issued weeks before in an emergency dispute regarding the state legislative maps of Michigan.
Regarding Trump, the court's ruling grants Smith an extension of eight days to reply after Trump's first submission; however, this timeframe encompasses the President's Day weekend.
Moreover, Smith may answer before the deadline by acting more hurriedly. Four federal offenses against Trump are brought against him in this case, alleging that he planned to tamper with the outcome of the 2020 election. The allegations against Trump are part of four criminal proceedings in which he has entered a not guilty plea.
In an attempt to challenge the lower court's decision that he lacks presidential immunity from the charge, Trump filed an emergency request on Monday. This move allows him to postpone his trial while the appeals process is ongoing.
If Trump's move is granted, the Supreme Court's ruling would likely have a significant impact on whether the former president's trial occurs before this year's elections. Trump challenged the immunity issue, thus the trial, which was initially set for March 4, was postponed.
To minimize the chance that Trump may return to the White House, pardon himself, or order the Justice Department to drop the prosecution, Smith has worked to get Trump to trial as soon as possible.
The special counsel will now have to reply to Trump's most recent strategy by next Tuesday. He is asking that his trial be postponed until he can petition the Supreme Court and the whole District of Columbia Circuit Court of Appeals to consider his claims of immunity.
Smith's answer took longer than expected, but it may be an indication that the justices do not think Trump's case is particularly urgent given how they have handled other previous emergency applications.
The U.S. Military Academy at West Point was forced to answer within four days by the Supreme Court after an anti-affirmative action organization challenged the school's racial admissions policy on the emergency docket last month.
The answer was supposed to be sent six days after the application was first filed, according to a court order issued weeks before in an emergency dispute regarding the state legislative maps of Michigan.
Regarding Trump, the court's ruling grants Smith an extension of eight days to reply after Trump's first submission; however, this timeframe encompasses the President's Day weekend.
Moreover, Smith may answer before the deadline by acting more hurriedly. Four federal offenses against Trump are brought against him in this case, alleging that he planned to tamper with the outcome of the 2020 election. The allegations against Trump are part of four criminal proceedings in which he has entered a not guilty plea.
