Supreme Court Declines to Fast-Track Special Counsel Petition, Handing Trump a Win

Published on December 22, 2023

The U.S. Supreme Court rejected on Friday a petition by special counsel Jack Smith for an immediate review of a defense in one of two cases he is prosecuting against former President Donald Trump. “Petition for a writ of certiorari before judgment denied,” the unsigned order reads. A 1982 Supreme Court opinion had established absolute immunity for presidents from civil suits, but as both parties have argued, the bounds of immunity from criminal prosecution have not been defined. If the Supreme Court had agreed to review the presidential immunity defense, it would have established the outcome of President Trump’s motion to dismiss this case based on presidential immunity in the appeals court....