Trump would prefer the court to take up the case after the DC circuit rules – but he can’t oppose it and then make the same request later on
Donald Trump’s attempt to delay his impending federal trial on charges over his efforts to overturn the 2020 election results may have been dealt a deft blow by special counsel prosecutors, after they directly asked the US supreme court to resolve whether the former president can be criminally prosecuted.
Earlier this month, Trump asked the US court of appeals for the DC circuit to reverse a decision by the trial judge rejecting his motion to dismiss the case on presidential immunity grounds. On Monday, the special counsel Jack Smith sought to bypass the DC circuit by asking the supreme court to resolve the issue.