Special Counsel Jack Smith doesn’t want to wait for a federal appeals court to rule on former President Donald Trump‘s claim of presidential immunity against charges Trump interfered with the 2020 election. With the Trump team’s appeal of DC District Court Judge Tanya Chutkan‘s ruling (she denied the immunity claim) functioning as a legal question and also a delay tactic, Smith has asked the Supreme Court of the United States — with three sitting Justices appointed by Trump — to intervene and decide with finality on the immunity claims so that the case can proceed. Or not.
Smith’s move to go up the chain is unusual, but with the trial essentially suspended due to Trump’s appeal, the DOJ makes the argument to SCOTUS that “is of imperative public importance that respondent’s claims of immunity be resolved by this Court and that respondent’s trial proceed as promptly as possible if his claim of immunity is rejected.”
Former U.S. Attorney Joyce Vance called Smith’s move “outstanding,” then reached for “outstanding” again in describing Smith’s choice to argue the case before the Supreme Court — former deputy solicitor general Michael Dreeben.
Dreeben, who as deputy solicitor general was in charge of the DOJ’s criminal docket before the United States Supreme Court, is “highly regarded by the Court,” Vance writes.
Outstanding move by Jack Smith to have the immunity issue resolved quickly & directly. Former deputy solicitor general Michael Dreeben is an outstanding choice to argue the case. Highly regarded by the Court. pic.twitter.com/4D0bQia5zK
— Joyce Alene (@JoyceWhiteVance) December 11, 2023
Dreeben has argued more than 100 cases before the Supreme Court in a 30+ year career. He also notably served as Counselor to Special Counsel Robert Mueller when Mueller investigated alleged Russian interference with the 2016 election.
Former federal prosecutor Renato Mariotti noted that while Smith takes a chance at SCOTUS, he does so calculating that a delay in the trial could have devastating impact on the prosecution. Mariotti writes that “Smith made a judgment call that he was better off raising this issue himself and trying to expedite the process rather than letting Trump do so in a manner that would delay trial.”
This move by Jack Smith implicitly concedes that the issue raised by Trump could delay his trial.
— Renato Mariotti (@renato_mariotti) December 11, 2023
Smith made a judgment call that he was better off raising this issue himself and trying to expedite the process rather than letting Trump do so in a manner that would delay trial. https://t.co/I0wkH42zXT
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