The Daily Fuckup

Donald Trump’s lawyers told the Supreme Court on Dec. 20, 2023, that it should not take up the immunity fight before the D.C. Circuit finishes its review. The filing came in the federal election-interference case brought by special counsel Jack Smith and opposed the government’s bid for certiorari before judgment. The justices had already ordered Trump to respond by that date after the government asked them to move the case on an expedited track. ([supremecourt.gov](https://www.supremecourt.gov/docket/docketfiles/html/public/23-624.html?utm_source=openai))

In the brief, Trump’s side said the normal appellate process should run first and that the court of appeals should decide the immunity question before the high court steps in. The D.C. Circuit case was already moving on an accelerated schedule, with argument set for Jan. 9, 2024, and the Supreme Court later denied the government’s petition on Dec. 22, 2023. ([supremecourt.gov](https://www.supremecourt.gov/docket/docketfiles/html/public/23-624.html?utm_source=openai))

The filing did not change Trump’s underlying argument that a former president has immunity from criminal prosecution for official acts. It only rejected the idea that the Supreme Court should short-circuit the appellate process by reviewing the issue immediately. ([supremecourt.gov](https://www.supremecourt.gov/DocketPDF/23/23-624/293865/20231220140543301_23-624%20-%20U.S.%20v.%20Trump%20-%20Brief%20in%20Opposition%20to%20Petition%20for%20Certiorari%20Before%20Judgment%20-%20Filed.pdf?utm_source=openai))

The timing mattered because the immunity dispute sat at the center of the federal case over Trump’s actions after the 2020 election. If the courts accepted broad immunity, it would slow or potentially block the prosecution’s path. If they rejected it, the case would keep moving toward trial. Either way, the brief made clear that Trump wanted the D.C. Circuit to speak first. ([supremecourt.gov](https://www.supremecourt.gov/DocketPDF/23/23-624/293865/20231220140543301_23-624%20-%20U.S.%20v.%20Trump%20-%20Brief%20in%20Opposition%20to%20Petition%20for%20Certiorari%20Before%20Judgment%20-%20Filed.pdf?utm_source=openai))