In Blow to Jack Smith, the Supreme Court Gives Trump Time To Appeal His Constitutional Points in a Fully Considered Way

The justices brush aside Jack Smith’s apparent concern that Trump could be back in the White House before the case is done.

AP/Alex Brandon
President Trump steps off his plane at Hartsfield-Jackson Atlanta International Airport, August 24, 2023. AP/Alex Brandon

The decision by the Supreme Court to reject Special Counsel Jack Smith’s extraordinary request for an expedited appeal on whether President Trump is immune from prosecution means that a trial date in March for the election interference charges appears increasingly unlikely.

The unsigned order, issued with no comment, telegraphs that the court prefers that Mr. Trump’s appeal work its way through the regular appellate course. The appeal concerns Judge Tanya Chutkan’s ruling that former presidents are not entitled to the protections of the office they once held. 

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