The declination will almost certainly postpone Trump’s March trial date in the D.C. Jan. 6 case. The D.C. Circuit Court of Appeals has agreed to hear the case on an expedited schedule; Trump will then have more options to delay the case as it works its way up to a potential Supreme Court showdown.

The questions at the heart of the appeal are untested long shots largely because of Trump’s unprecedented efforts to reverse his loss in the 2020 election. They are: does presidential immunity prevent prosecution for crimes committed while in office? And, can former presidents be prosecuted over acts that, during a Senate impeachment trial, resulted in their acquittal?

Smith had argued to the Supreme Court that allowing the appeal to move along its normal course would likely delay the trial, saying that it was of “imperative public importance” to resolve the case.

“The United States recognizes that this is an extraordinary request,” he wrote. “This is an extraordinary case.”

Trump shot back this week that Smith had no standing to ask for the sped up appeal because he had won at the district level, and peppered the special counsel with accusations that the case was only urgent for “partisan” political reasons.

Eleven-22 commentary: Trump is GUILTY, he has shown ZERO EVIDENCE of innocence, and he is not worthy of any political office – ever.

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