In a potential game-changing move, former President Donald Trump is employing his time-honored legal strategy of delay as he asks the U.S. Supreme Court to stay out of the ongoing dispute over his immunity from prosecution. This request comes as Special Counsel Jack Smith presses for a swift resolution, given Trump's impending trial scheduled just before the crucial Super Tuesday primaries.
Trump's legal team is vehemently pushing back against Smith's attempts to expedite the process and claims that the special counsel is pressuring the Supreme Court into making a rushed decision on what they deem to be one of the most complex and momentous legal issues in American history. In a further bid to secure his place in the 2024 election, Trump plans to appeal directly to the Supreme Court next week after being disqualified from the ballot in Colorado. The state's Supreme Court disqualified him on grounds of engaging in an insurrection, rendering him ineligible for the ballot.
Even Trump's former Attorney General, Bill Barr, chimed in, warning that the ruling in Colorado could inadvertently work in Trump's favor. Barr expressed his belief that such actions, aimed at disqualifying Trump by stretching the law and taking hyper-aggressive positions, often backfire, ultimately fueling Trump's sense of grievance, which he thrives upon.
Notably, California Lieutenant Governor has also expressed interest in pursuing a similar legal option, urging the courts in her state to determine whether Trump meets the threshold of being an insurrectionist before allowing him on the California ballot. The possibility of such determinations being made on a state-by-state basis raises questions about the future of Trump's candidacy across the country.
With the immunity filing currently under consideration, there is no set timeline for when the Supreme Court will announce whether they will take up the case. Both the Justice Department and Trump have submitted their arguments to the court, and now the justices must decide whether to address the immunity issue.
The criminal case against Trump, slated for a trial in March, revolves around the question of whether a president, who has already faced trial in the Senate following impeachment, can be subjected to a criminal trial for actions that occurred during their presidency. This issue may be resolved either by the Supreme Court or the D.C. Circuit Court of Appeals, the two appeals courts that have the potential to weigh in. While the D.C. Circuit is prepared to proceed with arguments early in January, the Justice Department aims to bypass them and have the Supreme Court intervene.
As these historic and open questions continue to unfold, the next steps remain uncertain. The recent ruling in Colorado indicates that Trump's name will be absent from the state's ballot, but how other states will handle the matter remains to be seen. A crucial question emerges: will individual states decide Trump's eligibility, or will the Supreme Court be called upon to establish a consistent legal framework nationwide? Only time will tell as the legal battleground intensifies, potentially shaping the future of Trump's political ambitions.