News12 New York
Where to Watch
Download the App
Local
Crime
Weather
beWell
The East End
Crime Files
Trump

Supreme Court says no, for now, to plea to rule quickly on whether Trump can be prosecuted

The Supreme Court said Friday that it will not immediately take up a plea by special counsel Jack Smith to rule on whether former President Donald Trump can be prosecuted for his actions to overturn the 2020 election results.

Associated Press

Dec 22, 2023, 2:55 PM

Updated

Share:

More Stories

The Supreme Court said Friday that it will not immediately take up a plea by special counsel Jack Smith to rule on whether former President Donald Trump can be prosecuted for his actions to overturn the 2020 election results.

The issue will now be decided by the U.S. Court of Appeals for the District of Columbia Circuit, which has signaled it will act quickly to decide the case. Special counsel Jack Smith had cautioned that even a rapid appellate decision might not get to the Supreme Court in time for review and final word before the court’s traditional summer break.

Smith had pressed the Supreme Court to intervene over concerns that the legal fight over the issue could delay the start of Trump’s trial, now scheduled for March 4, beyond next year’s presidential election.

U.S. District Judge Tanya Chutkan has put the case on hold while Trump pursues his claim in higher courts that he is immune from prosecution. Chutkan raised the possibility of keeping the March date if the case promptly returns to her court.

She already has rejected the Trump team’s arguments that an ex-president could not be prosecuted over acts that fall within the official duties of the job.

“Former presidents enjoy no special conditions on their federal criminal liability,” Chutkan wrote in her Dec. 1 ruling. “Defendant may be subject to federal investigation, indictment, prosecution, conviction, and punishment for any criminal acts undertaken while in office.”

The Supreme Court separately has agreed to hear a case over the charge of obstruction of an official proceeding that has been brought against Trump as well as more than 300 of his supporters who stormed the Capitol on Jan. 6, 2021.

In the immunity case, Smith had tried to persuade the justices to take up the matter directly, bypassing the appeals court.

“This case presents a fundamental question at the heart of our democracy: whether a former president is absolutely immune from federal prosecution for crimes committed while in office or is constitutionally protected from federal prosecution when he has been impeached but not convicted before the criminal proceedings begin,” prosecutors wrote.

Underscoring the urgency for prosecutors in securing a quick resolution that can push the case forward, Smith and his team wrote: “It 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.”

Justice Department policy prohibits the indictment of a sitting president. Though there’s no such bar against prosecution for a former commander in chief, lawyers for Trump say that he cannot be charged for actions that fell within his official duties as president — a claim that prosecutors have vigorously rejected.

Trump faces charges accusing him of working to overturn the results of the 2020 election he lost to Democrat Joe Biden before the violent riot by his supporters at the U.S. Capitol. He has denied any wrongdoing.

The high court still could act quickly once the appeals court issues its decision. A Supreme Court case usually lasts several months, but on rare occasions, the justices shift into high gear.

Nearly 50 years ago, the justices acted within two months of being asked to force President Richard Nixon to turn over Oval Office recordings in the Watergate scandal. The tapes were then used later in 1974 in the corruption prosecutions of Nixon’s former aides.

It took the high court just a few days to effectively decide the 2000 presidential election for Republican George W. Bush over Democrat Al Gore.

More Stories

Top Stories

00:45
5152026WCifant_2026-05-15-05-26-47

Kent man faces federal charges of sexual exploitation of an infant, child pornography

02:05
today HV

Shower chances will fade with cooler temps along the way today

00:38
5152026MVSTABBINGSUITDISMISSED_2026-05-15-05-58-36

Lawsuit dismissed against Mt. Vernon School district relating to fatal 2022 cheerleader stabbing

00:54
0514somersfatalax_2026-05-14-17-09-47

Person dies in vehicle collision in Somers

00:51
5152026SUDSONTHESOUND_2026-05-15-05-59-38

Spring-time beer festival set to return this weekend at Rye Town Park

02:10
Screenshot 2026-05-15 053054

Playland Park reopens for 98th season with Dragon Coaster return and $150M in upgrades

00:28
515206YONKERSSTALKINGARREST_2026-05-15-05-59-06

Yonkers man accused of stalking, harassing and assaulting several of his ex-girlfriends

01:56
0514firefighterbill_2026-05-14-22-10-42

New York lawmakers move to boost volunteer firefighter, EMS tax credit

00:24
5142026WARRANTFORTEACHER_2026-05-14-05-35-42

Arrest warrant issued for teacher accused of inappropriate relationship with private school student

01:58
WCLEWISBOROSDREFERENDUMPREVIEWGOOD5PM_2026-05-14-17-42-24

A breakdown of Katonah-Lewisboro School District's Proposition 3, and what those in the community are saying

00:26
blaise monroe

Construction van crashes into Monroe business after collision with garbage truck

01:36
0514periodpoverty_2026-05-14-17-25-24

Westchester teens collect 6,000 pads, tampons to fight period poverty

01:49
wcjawinopantry514_2026-05-14-17-28-38

Jawonio opens HEART food pantry to support staff and community

01:40
wchvshakespeare5145p_2026-05-14-17-29-24

Shakespeare moves from temporary tent to $30 million theater in Putnam County

01:18
blaise ben's fresh

Port Jervis burger joint wins New York’s ‘Best Burger’ title

01:50
0513newrochellebeach_2026-05-13-17-11-22

Beach club vs condos: Zoning fight builds on New Rochelle's Davenport Neck

01:06
5142026NJlawer_2026-05-14-08-16-56

Rep: Lawler: Sen. Rand Paul’s son unleashed antisemitic and homophobic rant in shocking bar incident

00:24
5142026WC12missing_2026-05-14-12-16-23

Search continues for missing 14-year-old Yonkers girl last seen a month ago

Shakira

FIFA announces Super Bowl-style World Cup final halftime show featuring Madonna, Shakira and BTS

01:38
Screenshot 2026-05-13 174829

George Washington Bridge reopens after falling debris shuts down Cross-Bronx lanes

App StoreGoogle Play Store

info

Newsletter

Send Photos/Videos

Contact

About Us

News Team

News 12 New York

follow us

Twitter

Facebook

Instagram

more resources

Optimum Corporate

Optimum Service

Advertise on News 12

Careers

Content Removal Policy

© 2026 N12N, LLC

Privacy Policy

Terms of Service

Ad Choices