Earlier today, the United States Supreme Court denied Trump’s request to stay the judgment of the DC Circuit that his claim of absolute immunity from criminal prosecution be stayed, while still taking review of the case through a procedural maneuver suggested as a fall-back by Special Counsel Jack Smith.
The Court’s schedule for briefing and argument of the case is ludicrous in light of what has gone before. The case has been briefed and argued to death in the lower courts, and thoroughly developed decisions rendered. There is no justification for a briefing and argument schedule taking the case to the week of April 22, 2024, almost two months further into the presidential election schedule.
Trump has until March 19, to file his brief, which will almost certainly be a mere reprise of arguments and citations already presented to and rejected by the DC District Court and the DC Circuit Court of Appeals. The Special Counsel is given three weeks (to respond, a period vastly longer that he is likely to require, given what has gone before, but a faster reply will not change the argument date. Oral argument will occur, if the schedule holds, a week after Trump’s reply brief.
Trump likely will find some excuse to whine about the schedule and seek to extend it.
The Court may then take weeks more, perhaps longer, to decide the case. The order is not signed and there is no indication that any justice dissented.
Unbelievable.
