The Daily Fuckup

Special counsel Jack Smith asked the Supreme Court on February 14, 2024, to reject Donald Trump’s bid to pause the federal election-interference case while Trump presses his presidential-immunity claim. The filing was a response in opposition to Trump’s application for a stay of the D.C. Circuit’s mandate, not a request to rule on the merits of the prosecution itself. ([supremecourt.gov](https://www.supremecourt.gov/docket/docketfiles/html/public/23a745.html))

In the government’s filing, Smith argued that Trump had not met the standard for a stay and should not get another delay while he seeks further review. The brief said the district court had scheduled trial for March 4, 2024, before Trump’s interlocutory appeal pushed that date back. It also said the public interest favored letting the criminal case move forward after the appellate process had already put the proceedings on hold. ([supremecourt.gov](https://www.supremecourt.gov/DocketPDF/23/23A745/300627/20240214180323991_23A745_Trump%20v.%20United%20States_Gov.%20stay%20resp_FINAL.pdf))

The filing also gave the justices an off-ramp: if the Court wanted to take up the immunity issue right away, Smith asked it to treat the stay application as a petition for certiorari, grant review, and move the case on an expedited schedule. That alternative would have allowed the Court to resolve the immunity question quickly and, if it rejected Trump’s claim, clear the way for trial with less additional delay. ([supremecourt.gov](https://www.supremecourt.gov/DocketPDF/23/23A745/300627/20240214180323991_23A745_Trump%20v.%20United%20States_Gov.%20stay%20resp_FINAL.pdf))

Trump filed his reply in support of the stay application on February 15, 2024. The Supreme Court later referred the stay application to the full Court on February 28, then granted certiorari limited to the immunity question and kept the mandate paused until the Court resolved the case. ([supremecourt.gov](https://www.supremecourt.gov/docket/docketfiles/html/public/23a745.html))