The Supreme Court announced Wednesday its decision to weigh whether former President Donald Trump can face criminal charges for allegedly conspiring to overturn the results of the 2020 election.
In a concise one-page unsigned order, the justices directed a federal appeals court to maintain its hold on a ruling that dismissed Trump's claims of immunity from prosecution and expedited the case for oral argument, scheduled for late April.
Judge Luttig: The Supreme Court just handed a ‘very difficult decision’ to Jack Smithhttps://t.co/VtHsn7ae6Z
— Braxton (@awbraxtonjr) March 3, 2024
Trump faced indictment in August 2023 on four counts related to Special Counsel Jack Smith's investigation into the January 6, 2021, Capitol attacks.
U.S. District Judge Tanya Chutkan previously set a trial date for March 4, 2024. However, in early February, she postponed the trial, pending the resolution of Trump's immunity claims.
Chutkan had rejected Trump's motion to dismiss the charges, asserting that he is not immune from prosecution. Despite Smith's appeal to the Supreme Court in December to review Chutkan's decision promptly, the justices declined.
The D.C. Circuit upheld Chutkan's ruling on February 6, rejecting Trump's arguments regarding presidential immunity and the necessity of impeachment before prosecution.
The appellate court provided Trump until February 12 to seek Supreme Court intervention, after which the ruling would take effect. Trump promptly requested a hold on the ruling to pursue further legal avenues, emphasizing the potential consequences for future presidents.
Smith responded ahead of schedule on February 14, urging the justices to allow Trump's trial to proceed promptly.
He emphasized the gravity of the charges against Trump and the national interest in a swift resolution. Smith proposed expediting the case for oral argument in March as an alternative.
Nearly two weeks after Trump's response, the justices largely accepted Smith's suggestion. In an unsigned order, they agreed to review the extent of a former president's immunity from prosecution for official acts during their tenure.
Stressing that their decision did not indicate their stance on the merits, the justices instructed the D.C. Circuit to maintain its hold on the ruling until their decision is issued.
The case is slated for argument during the week of April 22, marking the final week of the court's 2023-24 term. Trump and Smith will each have approximately three weeks to file their briefs before oral argument.
Additionally, the justices are currently deliberating another case involving Trump's challenge to exclusion from Colorado's ballot due to his role in the January 6 attacks.
