Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro,' a book about the secret war on synthetic drugs. Before he joined MSNBC, he was a legal reporter for Bloomberg Law.
After Donald Trump asked the Supreme Court on Monday to further delay his prosecution in the federal election interference case, Chief Justice John Roberts gave special counsel Jack Smith a response deadline of Feb. 20 — that is, a week from Tuesday. Smith, of course, can respond sooner than that — and likely will. Whenever the government responds , a bigger question is how long it will take the Supreme Court to rule on Trump’s application to stop the case from going back to U.S.
That, in turn, raises the question of how much we can read into this initial scheduling action: Does it signal how quickly the court will act in its ultimate ruling? And further, does it suggest how the court will rule — namely, whether it will take up the former president’s appeal or reject it ? It’s true that Roberts could have given Smith a shorter deadline of sometime this week, which would have suggested more immediate urgency in resolving the issue.
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