The Trump and Milken Cases: When Justice Becomes a Tool for Political Ambition
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On Wednesday, the Supreme Court agreed to hear former President Donald Trump’s claim of presidential immunity arising out of the election interference case brought against him by Special Counsel Jack Smith. 

Earlier in February, the D.C. Circuit Court of Appeals held that Trump was not immune from prosecution in that case. In its ruling, the D.C. Circuit wrote: 

“For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant” and that “any executive immunity that may have protected him while he served as President no longer protects him against this prosecution.”


BREAKING: DC Circuit Rules Trump Is Not Immune From Prosecution

Supreme Court Gives One Week for Special Counsel Jack Smith to Respond to Trump Team’s Motion to Delay

Trump’s legal team filed an application with the Supreme Court asking the court to stay the appellate court’s judgment. 

In turn, Smith’s team asked the Supreme Court to treat the application as a petition for writ of certiorari, which the Court elected to do, indicating it will hear the matter on the merits. 

The Court’s one-page Order sets forth the briefing schedule and sets oral argument for the week of April 22 (emphasis mine):

The application for a stay presented to The Chief Justice is referred by him to the Court. The Special Counsel’s request to treat the stay application as a petition for a writ of certiorari is granted, and that petition is granted limited to the following question: Whether and if so to what extent does a former President enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office. Without expressing a view on the merits, this Court directs the Court of Appeals to continue withholding issuance of the mandate until the sending down of the judgment of this Court. The application for a stay is dismissed as moot.

The case will be set for oral argument during the week of April 22, 2024. Petitioner’s brief on the merits, and any amicus curiae briefs in support or in support of neither party, are to be filed on or before Tuesday, March 19, 2024. Respondent’s brief on the merits, and any amicus curiae briefs in support, are to be filed on or before Monday, April 8, 2024. The reply brief, if any, is to be filed on or before 5 p.m., Monday, April 15, 2024. 

Thus, the D.C. case will be delayed, at minimum, until May — assuming the Court finds that Trump’s alleged actions are not protected by presidential immunity. If the Court finds the scope of immunity broad enough to encompass the actions alleged by Smith, then, of course, it’s a whole new ballgame. 

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