On Monday the Supreme Court granted a motion by Special Counsel to the United States for expedited consideration of a writ of certiorari (a request that the Court take an appeal) and briefing on the merits.
As set forth in the government’s motion, Special Counsel contended that expedited proceedings are warranted on former President Trump’s claim that he has absolute immunity from crimes allegedly perpetrated by him while in office relating to the efforts to overturn the 2020 presidential election and prevent the lawful transfer of power to his successor.
Trump has also claimed that his acquittal in the impeachment proceedings insulated him from prosecution under the double-jeopardy clause of the U.S. Constitution.
The United States District Court rejected both defenses, resulting in Trump’s filing of an appeal of the ruling to the D.C. Circuit Court of Appeals, together with a request for a stay of the proceedings pending a determination of that appeal.
Rather than risk significant delay in the criminal case by virtue of the prospective granting of a stay or any affirmance of the ruling being appealed to the Supreme Court, Special Counsel undertook a seldom used strategy of leapfrogging over the court of immediate appeal to have the issue heard by the Supreme Court.
As noted in Special Counsel’s petition, this process was previously invoked in United States v. Nixon, 418 U.S. 683 (1974). In Nixon, the Supreme Court granted the government’s motion, received briefing, and rendered a decision within a two month period.
With the trial presently scheduled to begin March 4, 2024, Special Counsel is gambling that the Supreme Court will affirm the ruling of the District Court rejecting Trump’s defenses quickly so that the trial may commence on time.