SCOTUS Preserving the Legal Process

The decision on Friday by the U.S. Supreme Court to deny a motion for expedited appeal is not ordinarily a matter for exhaustive media coverage. However, if the Trump name appears in the caption of a case, many legal experts suddenly jettison all due process concerns or sense of restraint. That is particularly true when the denial could — as here — prove highly beneficial to Donald Trump.

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The denial very likely ends the effort by Justice Department special counsel Jack Smith to put Trump on trial just before the March 5 Super Tuesday primary elections, and it could well result in a trial after next November’s general election.

Smith was able to get D.C. District Court Judge Tanya Chutkan to shoehorn the trial into a small window in March 2024. At the time, some of us stated that we were skeptical whether Smith could hold to that date in light of the novel constitutional and evidentiary issues in the case.

Even with the expedited review of the D.C. Circuit appellate court with an oral argument scheduled for Jan. 9, it will take time to issue an opinion. Trump then has a right to seek review with the full court in an en banc petition. That could easily take weeks, even on an expedited basis. It would then have to be appealed to the Supreme Court for a full briefing and argument.

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