Jack Smith Runs to Supreme Court, Asks Justices to Make Their First Ruling on Trump

CORRECTION, Dec. 12, 2023: Oral arguments on special counsel Jack Smith's request will likely be held in early 2024 if the Supreme Court decides to hear the dispute. An earlier version of this article named a different time period.

Despite every attempt of the left to destroy former President Trump's credibility with the American people and distract him from campaigning, the former president is surging. CNN polling released on Monday shows Trump leading President Joe Biden in two key 2020 battleground states if the two were to have a hypothetical rematch in 2024, according to The Hill . In Michigan, Trump leads Biden by a massive 10 points in a head-to-head contest, according to the survey conducted Nov. 29 - Dec. 6, despite Biden having won Michigan in the 2020 election. Meanwhile, a Georgia poll taken Nov. 30 - Dec. 7 puts Trump at 49 percent support to Biden's 44 percent. Biden very narrowly carried Georgia in 2020. But like Wile E. Coyote in the "Road Runner" cartoons, special counsel Jack Smith isn't giving up. Last week, Smith asked the Supreme Court to bypass the appeals court and directly take up the question of whether a president can be prosecuted for actions taken while in office. Smith argued the issue is of "imperative public importance" and needs to be settled for the case against Trump to move forward, according to Axios . FLASH: Supreme Court agrees to Special Counsel Jack Smith’s request to take up Trump presidential immunity claim. Trump must respond by Dec 20 https://t.co/U0484rNGGY pic.twitter.com/jPesWqptJX

— Scott MacFarlane (@MacFarlaneNews) December 11, 2023 The filing seeks clarification directly from the Supreme Court about whether Trump is "absolutely immune " from prosecution. "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," the brief read, according to Fox News . On Monday, the Supreme Court justices granted Smith's request to expedite the review and ordered Trump's lawyers to respond by Dec. 20. Oral arguments will likely be held in early 2024 if the court decides to hear the dispute. Lower courts have so far rejected claims by Trump's attorneys that he is absolutely immune from prosecution while in office. The Trump campaign blasted Smith in a news release issued by a Trump spokesperson that read, "Crooked Joe Biden's henchman, Deranged Jack Smith is so obsessed with interfering in the 2024 Presidential Election with the goal of preventing President Trump from retaking the Oval Office, as the President is poised to do, that Smith is willing to try for a Hail Mary by racing to the Supreme Court and attempting to bypass the appellate process. "Deranged may need to be reminded that the Supreme Court has not been kind to him, including by handing down a rare unanimous rebuke when the Court overturned him 8-0 in the McDonnell case. As President Trump has said over and over again, this prosecution is completely politically motivated. There is absolutely no reason to rush this sham to trial except to injure President Trump and tens of millions of his supporters. President Trump will continue to fight for Justice and oppose these authoritarian tactics," the spokesperson wrote. Statement from Trump Spokesperson on Deranged Jack Smith’s Filing with the Supreme Court. pic.twitter.com/arTyMGxBDN

— Laura Loomer (@LauraLoomer) December 11, 2023 This could be very good or very bad for the former president, who was scheduled to go to trial in the election interference case in March. If the Supreme Court decides to get involved, the case could possibly be resolved earlier. And if Trump's unbelievable ability to turn every rock thrown at him into a diamond continues, Jack Smith may seriously regret this desperate move to foil the seemingly Teflon-coated former president.

This article appeared originally on The Western Journal .