The Supreme Court has granted Special Counsel Jack Smith one week to respond to former President Trump’s request to delay his federal Jan. 6 trial as he appeals his immunity claims. The court ordered Smith to reply by Tuesday, Feb. 20, indicating a somewhat leisurely pace. Trump filed an emergency motion urging the justices to halt a lower ruling that denies him presidential immunity from indictment. This issue has allowed Trump to postpone his trial as he pursues appeals. The Supreme Court’s decision on Trump’s motion will greatly affect whether his trial occurs before this year’s elections. Originally set for March 4, the trial was postponed as Trump contested the immunity issue.
Smith aims to expedite Trump’s trial to prevent the possibility of Trump returning to the White House and potentially pardoning himself or intervening in the case. By next Tuesday, Smith must respond to Trump’s latest tactic of keeping the trial on hold until he can appeal to the full D.C. Circuit Court of Appeals and, if necessary, the Supreme Court.
The timeline for Smith’s response is not as rapid as in some recent emergency applications, suggesting the court does not view Trump’s case with exceptional urgency. In contrast, in recent cases like the challenge to the U.S. Military Academy at West Point’s admissions policies and Michigan’s state legislative maps, the court demanded quicker responses.
Despite the longer response window for Smith, which includes the President’s Day holiday weekend, he could choose to reply earlier. Trump faces four federal felonies related to allegedly conspiring to undermine the 2020 election results. He has pleaded not guilty to all charges in the four criminal cases he faces.
