February 14, 2024

Jack Smith Has One Week to Respond to Trump Stay Request

The clock is now ticking for Special Counsel Jack Smith.

On Monday, Donald Trump’s attorneys filed an emergency motion with the Supreme Court to have a lower court ruling stayed on Trump’s immunity claim.

Early Tuesday morning, the Supreme Court gave Smith one week to file his response.

The Clock is Ticking

In its legal filing, Trump’s legal team argued, “Allowing President Trump to pursue en banc review in the D.C. Circuit will provide an opportunity for similar thoughtful consideration in the lower court before this Court addresses the novel, complex, and momentous issues at stake in this appeal.”

If you recall, this trial was initially supposed to start on March 4, which is one day before Super Tuesday.

However, Judge Chutkan eventually decided to put the case on hold while all of this played out in the courts.

Trump has now lost his immunity case twice, so it will be up to the Supreme Court to decide the issue.

Trump maintains that any action while president is immune to prosecution, but the Supreme Court has already opined that the act must be in the role of the president, not a personal action, which is what Democrats and prosecutors are calling Trump’s actions that day.

So, ultimately, the court will have to decide if Trump’s rally was that of a candidate who had lost an election and was trying to overturn the results or was the act of a president looking out for election integrity.

The rally is the focus point of this because Trump had other avenues he could have pursued as president, but he chose to have a campaign-style rally instead.

I can see arguments on both sides of this, but I still believe the court will eventually rule against Trump on this based on precedent.

And once this issue is settled, every federal case against Trump will be able to roll full steam ahead.

At this point, Trump has to just try to keep these delays rolling until he can be assured there will not be a verdict issued until after the general election.

Don't Wait
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