Putting the tongue-in-cheek title aside, the odds are that some people will come to any trial of President Donald Trump. After all, a lot of people have to come from the judge to the jurors and counsel. However, Smith has had an ominous week that could severely complicate his plans for convicting Donald Trump before the election. Moreover, a trial after the election could mean no trial at all. …

Now, however, Judge Chutkan has been forced to stay the case indefinitely pending the appeal of the presidential immunity claim made by Trump. The matter is now before both the United States Court of Appeals for the District of Columbia and the Supreme Court. The Supreme Court gave Trump until December 20th to respond to Smith’s request for an expedited review — leapfrogging over the D.C. Circuit.

Smith’s filing conveys priority, if not a necessity, in trying Trump before the election. The Supreme Court may not share that sense of urgency.

[I rather doubt they will, in fact. Even if they do agree to hopscotch the DC Circuit in deciding these issues, that will take several weeks at a minimum just to get to oral arguments. The court will want briefs from all sides on the issue and will almost certainly invite amici filings, given the unprecedented nature of the case and its emergency status on the docket. Then the justices will have to hash out a decision and spend time writing it up, reading each others’ work, and adjusting accordingly. It might take all the time to the end of the term in June to get a decision, and that’s *if* they agree to expedite it in the first place. — Ed]