Former U.S. Attorney Joyce Vance discussed a potential acceleration in the Supreme Court’s hearing of Donald Trump’s claim of presidential immunity. In an MSNBC interview, Vance highlighted a significant proposal by special counsel Jack Smith, which she described as a “wrinkle,” that might speed up the legal process.
Vance explained that following the Supreme Court’s decision to wait for a lower court’s ruling on Trump’s assertion of immunity from DOJ prosecution for actions related to the January 6 insurrection, the case would move to an appellate court. Trump has the option of requesting a re-hearing from the same three-judge panel, though this is often not fruitful for a defendant.
After this stage, Trump would have 45 days to request an en banc hearing, involving all active judges of the D.C. Circuit. The next step would be to apply for certiorari with the U.S. Supreme Court.
Vance then detailed Smith’s unique proposal: he requested the Supreme Court to consider taking the case immediately after the Court of Appeals decision, bypassing the en banc process and the usual timeframe for certiorari. This request, if granted, could significantly reduce the time before the Supreme Court hears the case. The Supreme Court has yet to respond to this request, leaving its stance unknown.