Jack Smith bets big by asking for an expedited Supreme Court ruling on Trump
The special counsel's request for a rushed ruling could help his case against the former president — if it doesn't backfire in his face
For as much as it might feel like a lifetime ago, it's been just four months since Special Counsel Jack Smith filed his historic indictment against former President Donald Trump for allegedly working to subvert and overturn his 2020 electoral loss. The 45-page indictment — separate from both Fulton County, Georgia, District Attorney Fani Willis' parallel charges for election subversion and Smith's other case focusing on Trump's alleged mishandling of classified documents — describes the former president as "determined to stay in power" after losing his reelection bid, spreading lies and insinuations to "create an intense national atmosphere of mistrust and anger, and erode public faith in the administration of the election."
Unsurprisingly, Trump has denied any wrongdoing whatsoever, in part arguing in a motion filed in October that the charges against him should be dismissed entirely because he enjoys presidential immunity for actions taken during his time in office. While that motion was denied last week by U.S. District Judge Tanya Chutkan, the rejection has ultimately "set the stage for the next possible means of delay" for the former president by appealing his way through the judiciary, pushing back his scheduled March trial date until after the 2024 election, MSNBC columnist Jordan Rubin wrote after Chutkan's ruling was filed.
Smith, however, surprised observers on Monday, preempting Trump's appeals process by petitioning the United States Supreme Court to expedite a ruling on whether or not the former president's immunity defense is legal. Resolving the question quickly is of "imperative public importance," Smith wrote in his petition, arguing that the nature of the case warrants an "expeditious resolution."
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
'Inviting trouble'
Smith "clearly thinks SCOTUS won't side [with] Trump" and is trying to move the case ahead quickly by forcing the issue now, The Economist's Supreme Court reporter Steven Mazie wrote on X, formerly Twitter. "This is BOLD."
The petition is "a HUGE gambit" for Smith, agreed Los Angeles Times legal affairs columnist Harry Litman, who said the special counsel was "inviting trouble," while calculating that the court would have to rule on the issue eventually anyway.
By leapfrogging the appeals process to petition the high court directly, Smith has placed the justices "at the center of a high-stakes prosecution of a presidential candidate set to happen [in] an election year," according to Roll Call, which called it the "latest twist in the fast-moving federal criminal case."
Smith is "mindful of the calendar," CNN legal affairs correspondent Paula Reed stressed, adding "this is all about timing." Should the appeals process play out without an expedited timeline "through the normal channels, it could take months, possibly well over a year to decide this." In that case, the trial initially scheduled for this coming March might not occur until "after the election."
The stakes here are "enormous," and any major delay could be "catastrophic to the rule of law," former House Judiciary Committee counsel Michael Conway wrote for MSNBC. With that in mind, Smith's gamble is an "uncommon strategy, invoked by the government in United States v. Nixon almost 50 years ago" to compel then-President Richard Nixon to turn over hidden White House tapes.
'Get this thing over with quickly'
Trump and his advisers wasted little time decrying the prosecutors' petition, accusing "Deranged Jack Smith" of trying for a "Hail Mary by racing to the Supreme Court and attempting to bypass the appellate process" in a statement from spokesperson Liz Herrington.
The former president would be better served by "enthusiastically teaming up with" Smith, argued The Arizona Republic's EJ Montini. Given Trump and his allies' unshakeable faith in his innocence, as well as the right-leaning bent of the court in general, "why not support Smith in asking the court to rule? Get this thing over with quickly." Insomuch as the court is inclined to favor Trump to begin with, agreed MSNBC's Conway, "that risk exists anyway" regardless of Smith's effort. Given that Trump is virtually guaranteed to demand the Supreme Court "review an unfavorable decision by the Court of Appeals" it is ultimately "better to find out sooner rather than later" if the highest court in the land is inclined to agree.
Create an account with the same email registered to your subscription to unlock access.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Rafi Schwartz has worked as a politics writer at The Week since 2022, where he covers elections, Congress and the White House. He was previously a contributing writer with Mic focusing largely on politics, a senior writer with Splinter News, a staff writer for Fusion's news lab, and the managing editor of Heeb Magazine, a Jewish life and culture publication. Rafi's work has appeared in Rolling Stone, GOOD and The Forward, among others.
-
What's next for US interest rates?
The Explainer Stubborn inflation forestalls anticipated rate cuts
By Becca Stanek, The Week US Published
-
Russia rattles nuclear saber, orders tactical nuke drills
Speed Read President Vladimir Putin has ordered Russian military to hold nuclear weapons drills in response to Western "threats"
By Peter Weber, The Week US Published
-
Five top new women's watches
The Week Recommends From dancing diamonds to reconfigured classics, these models were recently revealed at Watches & Wonders Geneva 2024
By Alexandra Zagalsky Published
-
The Don's enablers
Opinion Even Republicans who know better won't get in Trump's way
By William Falk Published
-
'Climate studies are increasingly becoming politicized'
Instant Opinion Opinion, comment and editorials of the day
By Harold Maass, The Week US Published
-
What would it be like in jail for Trump if he's convicted?
Today's Big Question The Secret Service has begun grappling with how to protect a former president behind bars
By Rafi Schwartz, The Week US Published
-
'A financial windfall for Iranian terrorism'
Instant Opinion Opinion, comment and editorials of the day
By Harold Maass, The Week US Published
-
Xi comes to Europe: what's on the agenda?
The Explainer China's president visiting for first time since 2019, with spotlight on support for Russia over Ukraine and trade tensions with EU
By Harriet Marsden, The Week UK Published
-
'Box Trump in for real if he pulls another stunt. Put him behind bars.'
Instant Opinion Opinion, comment and editorials of the day
By Harold Maass, The Week US Published
-
'Making a police state out of the liberal university'
Instant Opinion Opinion, comment and editorials of the day
By Harold Maass, The Week US Published
-
'Can we — the people who have bought so much already — really keep buying more?'
Instant Opinion Opinion, comment and editorials of the day
By Harold Maass, The Week US Published