Chief justice gives Jack Smith one week to respond to Trump’s bid to stave off trial

Smith has already urged the courts to resolve the immunity dispute quickly so that Trump’s Washington, D.C. trial, originally set for March 4, can begin later this year.

In December, the special counsel asked the Supreme Court to take up the immunity issue even before the D.C. Circuit Court of Appeals reviewed it, in order to reach an expedited conclusion, but the justices denied the attempt.

“This Court’s immediate review of that question is the only way to achieve its timely and definitive resolution,” Smith wrote in the
December filing
. “The Nation has a compelling interest in a decision on [Trump’s] claim of immunity from these charges — and if they are to be tried, a resolution by conviction or acquittal, without undue delay.”

Smith is expected to oppose Trump’s request to keep the proceedings in the trial court on hold while Trump pursues further relief from both the Supreme Court and the full, 11-judge bench of the D.C. Circuit. He is hoping those courts rule that former presidents are immune from prosecution on conduct arguably related to the presidency unless they have been impeached and convicted by Congress.

Smith does not have to wait until next Tuesday to respond to Trump’s latest high court filing, which was widely anticipated and largely repeats arguments his attorneys have raised previously.

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