Supreme Court Puts Trump Case On Pause—For At Least A Week—For DOJ Response

By Forbes
Posted on 02/13/24 | News Source: Forbes

The Supreme Court is prepared to keep former President Donald Trump’s federal case for trying to overturn the 2020 election on hold for at least another week, setting the first deadline in the dispute Tuesday for the following week—and defying legal experts who expected the court to move more swiftly.

Trump has asked the Supreme Court to keep the criminal case against him on pause while he appeals a ruling refusing to throw out his charges based on “presidential immunity,” planning to ask the full D.C. Circuit Court of Appeals and the Supreme Court to both hear his case.

Chief Justice John Roberts asked Justice Department Special Counsel Jack Smith, who’s overseeing the case against Trump, to respond to the ex-president’s filing by Feb. 20 at 4 p.m.

The timing of how the Supreme Court proceeds with Trump’s request is important, as the case against Trump—and, consequently, his trial—will stay on hold until the Supreme Court rules and either rejects Trump and lets the case move forward, or schedules the case for oral arguments and later issues a decision.

Some legal experts had expected the court to move quicker in asking for Smith to respond, with University of Texas law professor Stephen Vladeck predicting Monday Roberts would call for a response by Wednesday.

Trump has suggested he wants the court to take its time, with his petition to the high court citing a quote saying “‘Haste makes waste’ is an old adage” that “has survived because it is right so often.”

Smith could still respond much sooner than Feb. 20—as experts believe he likely will, given the stakes of the case moving forward quickly—though it still remains to be seen how long it would take Trump to respond to Smith’s filing, and for the court to then issue a ruling.