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Supreme Court dodges decision on Trump presidential immunity claims in 2020 election case


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The Washington Examiner

Kaelan Deese, Supreme Court Reporter
December 22, 2023

The Supreme Court on Friday decided not to intervene in former President Donald Trump's criminal case for now, saying it wouldn't decide a key question of whether he is broadly immune for actions he took challenging the 2020 election.

The high court denied without comment special counsel Jack Smith's request asking the justices to step over the typical appeals court process and quickly decide the legal question, which is core to Trump's criminal prosecution in Washington, D.C., over allegations of conspiring to upend President Joe Biden's victory.


While the Supreme Court initially agreed on Dec. 11 to expedite briefing over whether to take up the matter, the justices sided with Trump, marking a small but notable victory for the Republican front-runner seeking to delay his criminal trial at every juncture.

As a result of the court’s refusal to intervene, the U.S. Court of Appeals for the District of Columbia Circuit will take up the dispute, which is slated for oral arguments on Jan. 9. Once that court rules, the high court could act quickly on whether to take up the case.

Smith on Thursday said the matter must have "immediate" examination by the Supreme Court.


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