WASHINGTON — The US Supreme Court on Friday declined to expedite consideration of former President Donald Trump’s claims of immunity in the federal criminal case against him for challenging the 2020 election results — potentially stalling his trial, which had been scheduled to begin on March 4.
Special counsel Jack Smith had requested that the nine justices immediately “make a decision” on Trump’s claim, but they declined — leaving it to make its way through the appeals court system.
The delay comes as an unrelated court fight assesses whether the 77-year-old ex-president is an insurrectionist who is constitutionally barred from a second non-consecutive term.
A conviction in Smith’s prosecution could help Trump foes argue that position — following a Colorado Supreme Court ruling this week decreeing that Trump be stricken from Republican primary ballots.
Trump’s trial on the federal election charges was supposed to begin March 4, the day before Super Tuesday — the critical presidential primary date.
Trump is seeking a rematch against President Biden, 81, and currently leads in most national and swing-state polls.
But Trump’s four pending criminal trials introduce unprecedented variables to the race.
The potential delay of Trump’s DC trial means that Manhattan District Attorney Alvin Bragg’s novel business records case against Trump — related to 2016 hush money payments — may be the first trial in history against an ex-president — with that trial currently set to begin March 25.
Bragg’s case is generally considered the weakest against Trump, who also is scheduled to stand trial in May on federal charges for allegedly mishandling classified documents, in a case also brought by Smith, and faces state charges in Georgia — with an expected August trial date — for challenging his 2020 defeat.
This is a developing story. Check back for updates.