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The U.S. Supreme Court does not currently share the same sense of "urgency" as Special Counsel Jack Smith when it comes to former President Donald Trump's legal trials, according to legal analyst and attorney Jonathan Turley.
While appearing on Fox News' America's Newsroom, Turley spoke about the recent U.S. Court of Appeals ruling which found that Trump is not shielded by presidential immunity in his case relating to alleged attempts to overturn the 2020 election.
"The interesting dynamic about this case is that Jack Smith has been telling every court that 'it's absolutely urgent that we move this trial forward' and he made it clear that he wants this president tried and convicted before the election," Turley said. "The Supreme Court clearly didn't share that urgency, it refused to do that, and so it's not clear they're gonna feel even greater urgency now."
The context:
On Tuesday, a three-judge appeals panel in Washington D.C. ruled against Trump's claims that he cannot be charged with any crimes relating to the 2020 election because of presidential immunity.
Trump was previously indicted by Special Counsel Jack Smith for alleged attempts to interfere with the election results and the former president has denied any wrongdoing. Judge Tanya S. Chutkan, who is overseeing the case, ruled that Trump was not able to claim presidential immunity, but the former president appealed that ruling, prompting the decision made today.
In a statement to Newsweek, Trump's spokesman, Steven Cheung, said: "If immunity is not granted to a President, every future President who leaves office will be immediately indicted by the opposing party. Without complete immunity, a President of the United States would not be able to properly function! Deranged Jack Smith's prosecution of President Trump for his Presidential, official acts is unconstitutional under the doctrine of Presidential Immunity and the Separation of Powers."
"Prosecuting a President for official acts violates the Constitution and threatens the bedrock of our Republic. President Trump respectfully disagrees with the DC Circuit's decision and will appeal it in order to safeguard the Presidency and the Constitution," the statement added.
What we know:
During his appearance on Fox News, Turley said, "As we move toward the election date, it gets more controversial to have a trial of this kind within a couple of months of the election. So we'll have to see how the Supreme Court deals with this...what remains the unknown is how this will change the schedule and dynamic of the case."
Views:
Prior to the ruling on Tuesday, Michael McAuliffe, a former federal prosecutor and elected state attorney, told Newsweek that the ruling was one of the "most significant the court, any court, will ever entertain."
Turley also said that while he is not "surprised" that the panel rejected Trump's claims, he noted that "it was important for the Trump team to push this trial back" and to attempt to delay any hearings till after the 2024 election.
What's next:
Later this week, the U.S. Supreme Court is expected to hear arguments from Trump's legal team regarding Trump's eligibility in the 2024 primaries after a group of voters in Colorado filed documents to have his name removed from the state's ballot.
In the statement sent to Newsweek, Trump's spokesman also noted that they are planning to further appeal the ruling on Tuesday from the Court of Appeals.
Update 2/6/24, 11:07 a.m. ET: This article was updated with additional information and a statement from Trump's spokesperson, Steven Cheung.
Update 2/6/24, 11:30 a.m. ET: This article was updated with additional information.
About the writer
Matthew Impelli is a Newsweek staff writer based in New York. His focus is reporting social issues and crime. In ... Read more