Supreme Court Won’t Hear Case on Trump’s Immunity Defense for Now – The New York Times
The Supreme Court declined on Friday to decide for now whether former President Donald J. Trump is immune from prosecution on charges of plotting to overturn the 2020 election.
The decision to defer consideration of a central issue in the case was a major practical victory for Mr. Trump, whose lawyers have consistently sought to delay criminal cases against him around the country.
It is unclear what the courts order will mean for the timing of the trial, which is scheduled to start on March 4, though it makes postponement more likely. The case will now move forward in an appeals court, which has put it on a fast track, and most likely return to the Supreme Court in the coming weeks or months.
In denying review, the justices gave no reasons, which is typical, and there were no noted dissents.
Jack Smith, the special counsel prosecuting Mr. Trump, had asked the justices to move with extraordinary speed, bypassing the appeals court.
Any significant delays could plunge the trial into the heart of the 2024 campaign season or push it past the election, when Mr. Trump could order the charges be dropped if he wins the presidency.
A speedy decision by the justices was of the essence, Mr. Smith said in his petition seeking immediate Supreme Court review, because Mr. Trumps appeal of a trial judges ruling rejecting his claim of immunity suspended the criminal trial.
Mr. Smith wrote that the case presents a fundamental question at the heart of our democracy: whether a former president is absolutely immune from federal prosecution for crimes committed while in office or is constitutionally protected from federal prosecution when he has been impeached but not convicted before the criminal proceedings begin.
The United States recognizes that this is an extraordinary request, Mr. Smith added. This is an extraordinary case.
The U.S. Court of Appeals for the District of Columbia Circuit has put the case on a brisk schedule, ordering expedited briefing and scheduling arguments for Jan. 9.
The case will be heard by a three-member panel made up of Judge Karen L. Henderson, who was appointed by President George H.W. Bush, and Judges Florence Y. Pan and J. Michelle Childs, who were both appointed by President Biden.
The panel will probably issue a prompt decision. If Mr. Trump loses, he could ask the full appeals court to rehear the case. In the end, the losing side will in all likelihood return to the Supreme Court.
The trial judge, Tanya S. Chutkan, rejected Mr. Trumps sweeping claims that he had absolute immunity from the election interference indictment because it was based on actions he took while in office. She has since suspended proceedings in the case while an appeal moves forward.
Mr. Smith urged the justices to move fast: The public importance of the issues, the imminence of the scheduled trial date and the need for a prompt and final resolution of respondents immunity claims counsel in favor of this courts expedited review at this time.
Mr. Trumps lawyers took the opposite view, asking the justices to follow the usual procedure by letting the appeals court consider the matter first.
Importance does not automatically necessitate speed, Mr. Trumps brief said. If anything, the opposite is usually true. Novel, complex, sensitive and historic issues such as the existence of presidential immunity from criminal prosecution for official acts call for more careful deliberation, not less.
Mr. Smith called that approach misguided.
The public interest in a prompt resolution of this case favors an immediate, definitive decision by this court, he wrote. The charges here are of the utmost gravity. This case involves for the first time in our nations history criminal charges against a former president based on his actions while in office.
And not just any actions: alleged acts to perpetuate himself in power by frustrating the constitutionally prescribed process for certifying the lawful winner of an election, Mr. Smith added.
Mr. Trumps lawyers countered that the case, and Mr. Smiths desire to resolve it promptly, was driven by political considerations.
He confuses the public interest with the manifest partisan interest in ensuring that President Trump will be subjected to a monthslong criminal trial at the height of a presidential campaign where he is the leading candidate and the only serious opponent of the current administration, the brief said.
The two sides rely on precedents that point in opposite directions, both involving President Richard M. Nixon.
In 1974, in United States v. Nixon, the court ruled that Nixon, then still in office, had to comply with a trial subpoena seeking tapes of his conversations in the Oval Office, rejecting his claims of executive privilege.
Neither the doctrine of separation of powers, nor the need for confidentiality of high-level communications, without more, can sustain an absolute, unqualified presidential privilege of immunity from judicial process under all circumstances, Chief Justice Warren E. Burger wrote.
Eight years later, in Nixon v. Fitzgerald, the court voted 5 to 4 in favor of Nixon in a civil case brought by an Air Force analyst who said he was fired in 1970 in retaliation for his criticism of cost overruns. By the time the court acted, Nixon had been out of office for several years.
In view of the special nature of the presidents constitutional office and functions, Justice Lewis F. Powell Jr. wrote for the majority, we think it appropriate to recognize absolute presidential immunity from damages liability for acts within the outer perimeter of his official responsibility.
The Supreme Court will soon confront a different question arising from the aftermath of the 2020 election. On Tuesday, the Colorado Supreme Court ruled that Mr. Trump is not eligible to be on the primary ballot in that state under a provision of the Constitution that bars officials who have engaged in insurrection from holding office. Mr. Trump has said he will appeal that ruling to the Supreme Court.
Alan Feuer contributed reporting.
Read the original here:
Supreme Court Won't Hear Case on Trump's Immunity Defense for Now - The New York Times
- Three reasons Donald Trump wont pull the US out of Nato - The Conversation - April 10th, 2026 [April 10th, 2026]
- Donald Trump Rails Against Tucker Carlson, Megyn Kelly & Candace Owens - Deadline - April 10th, 2026 [April 10th, 2026]
- Donald Trump Tells Reporter He Didn't 'Know Anything About' Melania's Epstein Remarks Before She Went Live - People.com - April 10th, 2026 [April 10th, 2026]
- Donald Trump Floats Absurd Fantasy to Cope With Iran Humiliation - thedailybeast.com - April 8th, 2026 [April 8th, 2026]
- Donald Trump Jr. says the biggest names think Europe is a disaster that needs to be fixed - fortune.com - April 8th, 2026 [April 8th, 2026]
- Donald Trump says he will work with Iran for 'very productive regime change' - The Jerusalem Post - April 8th, 2026 [April 8th, 2026]
- The world cant wait for Donald Trump to leave office | Letters - theguardian.com - April 7th, 2026 [April 7th, 2026]
- Donald Trump, 79, Rants That Hes Good at Language in Unhinged Appearance - The Daily Beast - April 7th, 2026 [April 7th, 2026]
- Donald Trump Defends His Profanity-Filled Easter Post Urging Iran to 'Open the F---in' Strait, You Crazy B------s' - People.com - April 7th, 2026 [April 7th, 2026]
- Donald Trump says US could destroy Iran in one night as he demands opening of Strait of Hormuz - Financial Times - April 7th, 2026 [April 7th, 2026]
- Was Donald Trump really rushed to Walter Reed Hospital? Heres what to know - Yahoo - April 5th, 2026 [April 5th, 2026]
- Donald Trump: trouble in the heartlands - The Week - April 5th, 2026 [April 5th, 2026]
- A long way down from JFK to Donald Trump - Pittsburgh Post-Gazette - April 5th, 2026 [April 5th, 2026]
- Donald Trump and Pete Hegseths Warped Vision of the Iran War - The New Yorker - April 5th, 2026 [April 5th, 2026]
- Donald Trump is the ageing patriarch of a decaying order | Letters - The Guardian - April 5th, 2026 [April 5th, 2026]
- The 37 most stupid things Donald Trump has ever said - Indy100 - April 5th, 2026 [April 5th, 2026]
- John Roberts told Donald Trump exactly what he thinks - CNN - April 5th, 2026 [April 5th, 2026]
- Donald Trump accused of blade job during assassination attempt. Heres what that means - PennLive - April 5th, 2026 [April 5th, 2026]
- Brian Cox Shared A Brutally Honest Take About Donald Trump And The US Patriarchy - BuzzFeed - April 5th, 2026 [April 5th, 2026]
- Sky News Australia. . Former White House press secretary Sean Spicer says US President Donald Trump hit the ground running on the first day of his... - March 24th, 2026 [March 24th, 2026]
- Donald Trump Says James Talarico Is a Vegan With Six Genders in Bizarre Rant - them.us - March 24th, 2026 [March 24th, 2026]
- President Donald J. Trump and Japanese Prime Minister Sanae Takaichi deliver remarks in the the State Dining Room - The White House (.gov) - March 22nd, 2026 [March 22nd, 2026]
- California is taking Donald Trump to court for breaking the law to put polluter profits before American lives - California State Portal | CA.gov - March 22nd, 2026 [March 22nd, 2026]
- War in Iran is making Donald Trump weakerand angrier - The Economist - March 22nd, 2026 [March 22nd, 2026]
- Donald Trump very surprised Australia declined to send troops to strait of Hormuz amid fuel crisis - The Guardian - March 22nd, 2026 [March 22nd, 2026]
- Majorities of Americans think Donald Trump is arrogant, opportunistic, and reckless - YouGov - March 18th, 2026 [March 18th, 2026]
- Donald Trump Hit With Dire Warning of a Self-Inflicted Disaster - The Daily Beast - March 18th, 2026 [March 18th, 2026]
- LEADER JEFFRIES WITH DEMOCRATIC VETERANS: DONALD TRUMP HAS CONTINUED TO BREAK HIS WORD TO THE AMERICAN PEOPLE Congressman Hakeem Jeffries -... - March 4th, 2026 [March 4th, 2026]
- President Donald J. Trump hosts a bilateral meeting with German Chancellor Friedrich Merz - The White House (.gov) - March 4th, 2026 [March 4th, 2026]
- Donald Trump Humiliated by Allied Pilot Who Downed $100 Million Worth of U.S. Jets - The Daily Beast - March 4th, 2026 [March 4th, 2026]
- Is Donald Trump facing impeachment 2026? What the odds say today - The News Journal - March 4th, 2026 [March 4th, 2026]
- President Donald Trump says he doesnt care if Iran plays at World Cup in North America - The Athletic - The New York Times - March 4th, 2026 [March 4th, 2026]
- President Donald Trump pledges action to save Great Salt Lake - KUTV - February 22nd, 2026 [February 22nd, 2026]
- Donald Trump Calls On Netflix To Fire Board Member Susan Rice Or Pay The Consequences - Deadline - February 22nd, 2026 [February 22nd, 2026]
- Donald Trump just announced a NEW 15% TAX on the American people. He does not care about you. - x.com - February 22nd, 2026 [February 22nd, 2026]
- Donald Trump is reshaping American health care - The Economist - February 22nd, 2026 [February 22nd, 2026]
- Donald Trump says US committing $10 billion to Board of Peace - The Hill - February 20th, 2026 [February 20th, 2026]
- Florida airport to be renamed after US President Donald Trump - RFI - February 20th, 2026 [February 20th, 2026]
- Donald Trump and the disgrace of Presidents Day - The Hill - February 16th, 2026 [February 16th, 2026]
- Nothing says the special relationship is over like this picture of Donald Trump and Liz Truss | Zoe Williams - The Guardian - February 16th, 2026 [February 16th, 2026]
- George Washington and Donald Trump Have a Similar Obsession. Theyve Expressed It Shall We Say ... Differently. - Slate - February 16th, 2026 [February 16th, 2026]
- Where Donald Trump Approval Rating Stands in Each State on Presidents Day - Newsweek - February 16th, 2026 [February 16th, 2026]
- Donald Trump is "in retreat" on Greenland and ICE, prominent critic and California Governor Gavin Newsom told DW at #MSC2026. - facebook.com - February 16th, 2026 [February 16th, 2026]
- Peter Kalis: What JFK did, Donald Trump can do, and for the same reasons - Pittsburgh Post-Gazette - February 16th, 2026 [February 16th, 2026]
- Donald Trump and the Dictator Dynamic - America Magazine - February 11th, 2026 [February 11th, 2026]
- Who wrangled the best trade deal from Donald Trump? - The Economist - February 11th, 2026 [February 11th, 2026]
- President Donald Trump: We have the hottest country in the world - Fox Business - February 9th, 2026 [February 9th, 2026]
- President Donald Trump announces the launch of TrumpRX - The White House (.gov) - February 9th, 2026 [February 9th, 2026]
- Donald Trump calls Bad Bunny's halftime show a slap in the face' to the U.S. - NBC Bay Area - February 9th, 2026 [February 9th, 2026]
- The 7 things to know about President Donald Trump for Monday, Feb. 9 - The Washington Post - February 9th, 2026 [February 9th, 2026]
- Donald Trump calls for immediate NFL rule change after what he saw in Super Bowl 60 - Yahoo - February 9th, 2026 [February 9th, 2026]
- Bill Maher Says Donald Trump Wanting Greenland Isnt the Craziest Idea Ever - TV Insider - February 9th, 2026 [February 9th, 2026]
- Thank you, President Donald J. Trump, for approving Tennessees Major Disaster Declaration to support recovery following Winter Storm Fern. This... - February 7th, 2026 [February 7th, 2026]
- How to Protect the 2026 Elections from Donald Trump - The New Yorker - February 7th, 2026 [February 7th, 2026]
- 3 Polls That Paint a Worrying Sign for Donald Trump - Newsweek - February 7th, 2026 [February 7th, 2026]
- Donald Trump is still weird - Yahoo - February 7th, 2026 [February 7th, 2026]
- Remarks: Donald Trump Addresses the National Prayer Breakfast at the Capitol - February 5, 2026 - Roll Call - February 7th, 2026 [February 7th, 2026]
- Eugene Daniels reacts to Trump post with racist depiction of Obamas: 'This is who Donald Trump is' - MS NOW - February 7th, 2026 [February 7th, 2026]
- President Donald Trump signs the spending bill that ends the shutdown and reopens the U.S. Government - The White House (.gov) - February 4th, 2026 [February 4th, 2026]
- Read the extended transcript: President Donald Trump interviewed by 'NBC Nightly News' anchor Tom Llamas - NBC News - February 4th, 2026 [February 4th, 2026]
- Donald Trump wants to end Americas half-century conflict with Iran - The Economist - February 4th, 2026 [February 4th, 2026]
- Donald Trump and Xi Jinping discuss Ukraine and trade ahead of US state visit to Beijing - Financial Times - February 4th, 2026 [February 4th, 2026]
- Opinion: Why are political cartoonists drawn to Donald Trump? 'He really is a cartoon' - CT Insider - February 1st, 2026 [February 1st, 2026]
- David M. Shribman: Where is Donald Trump taking America? - Pittsburgh Post-Gazette - February 1st, 2026 [February 1st, 2026]
- How Donald Trump reshaped Vermont in just 1 year - VTDigger - February 1st, 2026 [February 1st, 2026]
- Everyone is comparing Donald Trump to the wrong fascist - PhillyVoice - February 1st, 2026 [February 1st, 2026]
- Donald Trump announces plans for Indycar race through Washington DC streets - The Guardian - February 1st, 2026 [February 1st, 2026]
- 'Melania' Is Gift to Donald Trump, Disguised As a Boring Movie: Review - Business Insider - January 30th, 2026 [January 30th, 2026]
- Mayor Helena Moreno meets with Donald Trump on sidelines of Washington Mardi Gras - NOLA.com - January 30th, 2026 [January 30th, 2026]
- Rinse and Repeat: Western allies ready for next rollercoaster with Donald Trump - CNN - January 26th, 2026 [January 26th, 2026]
- Donald Trump Addresses His Father's Alzheimer's in New Health Interview, Saying Fred Had 'What Do They Call It?' - People.com - January 26th, 2026 [January 26th, 2026]
- The Woman Who Stands Between Donald Trump and Greenland - The New York Times - January 26th, 2026 [January 26th, 2026]
- Davos 2026: Special Address by Donald J Trump, President of the United States of America - weforum.org - January 24th, 2026 [January 24th, 2026]
- Democratic senators sound the alarm on Pentagon backing firms linked to Donald Trump Jr. - CNN - January 24th, 2026 [January 24th, 2026]
- How Donald Trump Brought Us to a Rupture in the World Order - The New Yorker - January 24th, 2026 [January 24th, 2026]
- Donald Trump to unveil home buying plan involving retirement funds - BBC - January 18th, 2026 [January 18th, 2026]
- America has coped with worse things than Donald Trump - The Economist - January 18th, 2026 [January 18th, 2026]
- Venezuelans believe Donald Trump has offered them a better future - The Economist - January 14th, 2026 [January 14th, 2026]
- Donald Trump Yells 'F--k You' and Flips Off Man After Being Called a 'Pedophile Protector' - People.com - January 14th, 2026 [January 14th, 2026]
- Donald Trump Tries New Joe Biden Impression as He Brags About Ignoring Teleprompter '80% of the Time' - People.com - January 14th, 2026 [January 14th, 2026]