The Supreme Court’s Friday rejection of special counsel Jack Smith's request to hear President Donald Trump’s immunity defense has probably ruined chances that the former president's trial can stay on schedule, legal experts say.
“This makes the March 4 trial date almost impossible to hold,” CNN legal analyst Elie Honig said. “Almost substantially.”
The Supreme Court’s ruling knocks Trump’s challenge of Smith’s election interference case back to the lower Court of Appeals, which could delay proceedings for weeks if not months, experts say.
Honig noted this does not mean the Supreme Court has permanently rejected hearing the case — the Court of Appeals' decision will likely be appealed, which would put it before the higher court.
But that won’t happen as soon as Smith had hoped.
“This does not mean the Supreme Court will never take this case,” Honig said.
But delays present a serious challenge to Smith because Trump is the leading Republican candidate in the 2024 presidential election.
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If elected, Trump could order the Department of Justice to drop the case, or simply pardon himself.
Honig argues the failure was Smith’s, whose demand to expedite the process was based on “vague generalities.”
“He never says because we need to get that in before the election,” Honig said. "The court found that unpersuasive."
