In a big victory for Trump, the Supreme Court tells Jack Smith to go away

Jack Smith.
Special counsel Jack Smith delivers remarks on a recently unsealed indictment including four felony counts against former US President Donald Trump on August 1, 2023, in Washington, DC. | Drew Angerer/Getty Images

Trump wants to run out the clock on his criminal trials. The Supreme Court just gave him a significant assist.

In a surprising move, the Supreme Court announced on Friday that it will not hear Donald Trump’s claim that he is immune from prosecution for trying to steal the 2020 election.

It’s a tremendous victory for Trump, as his criminal trial for his attempt to remain in office after losing that election is currently on pause until this immunity question works its way through the appellate process.

Trump’s strategy since special counsel Jack Smith brought a pair of federal indictments against him earlier this year has been to try to delay his trials as much as possible. If Trump is elected president this November, he will gain command and control over the Justice Department, and can order it to drop the criminal charges against him.

Six of the nine justices are Republicans, and three were appointed by Trump himself. The Court did not explain its decision to avoid this issue. The entirety of the Court’s Friday order in the case, appropriately named United States v. Trump, states that “The petition for a writ of certiorari before judgment is denied.”

Smith asked the Supreme Court to bypass a federal appeals court and decide whether Trump is immune from prosecution as quickly as possible — so as to lift the pause on Trump’s criminal trial. By rejecting this request, the GOP-controlled Supreme Court helps Trump run out the clock.

Often, trial courts lose jurisdiction over a case while that case is on appeal. Judge Tanya Chutkan, the trial judge hearing Trump’s election theft case, agreed that this prosecution must be put on pause until Trump’s immunity argument works its way through the appellate courts.

The case is currently on appeal for before the United States Court of Appeals for the District of Columbia Circuit — which means that a great deal now rides on how fast the DC Circuit can rule on Trump’s immunity claim and potentially remove the hold on allowing Trump’s criminal trial to move forward. The DC Circuit is scheduled to hear oral arguments on January 9.

If the DC Circuit moves quickly and rules against Trump, and the Supreme Court does not further sabotage Smith’s case by deciding to keep the prosecution on pause while it reviews the DC Circuit’s decision, then Trump could still potentially be tried and convicted before the Republican Party chooses its 2024 presidential candidate.

But, if nothing else, Friday’s Supreme Court order advances Trump’s goal of delaying his trial into oblivion.

Trump’s immunity arguments in this case are also quite audacious. He claims that the Constitution affords him “absolute immunity from criminal prosecution for actions performed within the ‘outer perimeter’ of his official responsibility” while he occupied the White House.

Although presidents enjoy fairly broad immunity from civil lawsuits, Trump’s claim that he is immune from criminal charges is quite novel. As Chutkan said in an opinion concluding that Trump is not immune from prosecution, “no court — or any other branch of government — has ever accepted” the idea that presidents are free to commit crimes.

Indeed, the implications of Trump’s arguments are breathtaking. If Trump is right that former presidents cannot be prosecuted for criminal acts they committed using their authority as president, then a future president would be immune from prosecution if they ordered the FBI to, say, assassinate a political rival — or a Supreme Court justice, for that matter — and an FBI agent carried out this premeditated murder on the president’s orders.

And yet, the justices decided not to remove a serious impediment to Smith’s efforts to prosecute Trump. Nor did they bother to offer an explanation for why they decided to hand such a potentially game-changing victory to the president who appointed half of the Court’s Republican majority.

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Young Republican at center of racist chat scandal whines of ‘disheartening’ witch hunt



A Politico article about a leaked group chat of Young Republican leaders from across the country making racist, homophobic and misogynistic comments includes two people from Arizona, one of whom has documented ties to the white nationalist groyper movement.

The group chat of top officials in Young Republican Federation chapters from across the country, dubbed “RESTOREYR,” was leaked to Politico, which reported on a litany of comments made by participants. Offensive comments included making racist remarks about Black people, talking about putting Democrats in gas chambers, forcibly raping their enemies and more. The chat includes more than 250 slurs and one person saying “I love Hitler,” according to Politico.

One of the members of the chat was Arizona Young Republican Chairman Luke Mosiman, 25, who was alleged to have made racially charged comments about Black people and even floated an idea of linking their opponents in an election over control of the Young Republican National Federation to white supremacist groups — before saying it could backfire because it could result in the Young Republicans they needed to win the elections instead backing their opponent.

The Young Republican National Federation released a statement following the Politico report condemning the comments and calling for those involved to resign “from all positions within their state and local Young Republican organizations.”

In Kansas, the chairman of the state’s Republican Party announced that their Young Republicans chapter, which was involved in the chat leaks, was shut down. And the Arizona Republican Party came out strongly against the “disturbing language” used by Young Republican leaders in a statement released shortly after the story was published Tuesday

But Mosiman and the Arizona Young Republicans resisted the call that he and Rachel Hope, whose comments in the group chat were also mentioned in Politico’s story, resign. In a written statement released late Wednesday, the group instead cast Mosiman and Hope, who is the organization’s events chair, as victims, saying they “firmly reject any involvement in the ongoing political witch hunt targeting fellow Young Republican members.”

Their statement called it “disheartening” to “witness the double standard” displayed by their opponents within the conservative movement. They also lashed out at critics, saying some have failed to condemn violent texts by Virginia Democratic Attorney General candidate Jay Jones or social media posts celebrating the death of conservative influencer Charlie Kirk, who was killed last month.

However, the group did condemn “Nazi ideology,” though its statement fell short of acknowledging what was said or apologizing for it.

“We express our sincere regret and unequivocally condemn any rhetoric that could be interpreted as sympathetic to Nazi ideology,” the statement says. The lengthy statement also says that the group has concerns over the way the messages were obtained and their validity.

Far-right provocateur Milo Yiannopoulos has claimed online, posting a sworn affidavit, that the chats were leaked by Gavin Wax, a staffer in Trump’s State Department who formerly led the New York Young Republican club, whose own problematic chats were revealed in 2023.

Mosiman has been viewed by some as a rising star in Arizona conservative politics, but he also has close ties with the far-right and had courted controversy long before the group chat.

Hitler’s birthday

In April 2022, U.S. Rep. Paul Gosar was listed as a “special guest” at an event in Tempe scheduled for April 20, a date that is revered by white supremacists and neo-Nazis because it is Adolf Hitler’s birthday.

The event had been organized by the American Populist Union, a white nationalist group that is closely aligned with groypers, the name for a group of young, male white nationalists who strive for their ideas to become a part of the Republican mainstream and are largely followers of white nationalist Nick Fuentes. In 2021, Gosar was the first elected official to speak at Fuentes’ America First Political Action Conference.

After the Mirror reported on Gosar’s promotion and anticipated attendance at the event and spurred national media coverage, Gosar pulled out. His office said he was never planning to attend, even though he promoted it on his social media accounts.

Mosiman attended, and was later featured in photos posted by APU and in videos celebrating APU. Mosiman also follows a number of accounts connected to the groyper movement on his X account.

“Like it or not, Nick Fuentes is becoming a force in the GOP, you all need to understand that,” Mosiman said in a March 2021 tweet. “Stop acting like it’s a few nut cases, it’s not. Ignoring it isn’t working.”

Mosiman went on to say that he wasn’t a Fuentes supporter but he had watched his “Afpac speech” and it “was not bad.”

In that 2021 AFPAC speech, Fuentes called the Jan. 6 insurrection, where seven people died, “lighthearted mischief” and stressed white nationalist talking points. Mosiman was also photographed in September 2021 protesting U.S. Sen. Mark Kelly by the groyper-aligned Arizona College Republicans United. The photograph was posted in Instagram with the caption “CRU executed a protest with Groypers against Senator Mark Kelly.”

Far-right YouTuber John Doyle, one of the featured speakers at the April 2022 APU event, organized a “Stop the Steal” rally in Michigan with Fuentes and has posted highly misogynistic content, such as saying that women shouldn’t be allowed to vote. Doyle, along with other members of APU, were also in attendance at the first 76Fest, which one of its organizers dubbed “Hitler Youth, without the Hitler.”

Mosiman also promoted an event in December 2021 that he called “one of the most based events of the year” which was being put on by Republicans for National Renewal, which has ties to ethno-nationalism, and co-hosted by APU.

That event brought local politicians face to face with a host of far-right extremists, including a number of prominent groypers.

APU has denied ties to white nationalism or knowledge of the significance of the date of its 4/20 event.

TPUSA and Arizona lawmakers

But Mosiman’s involvement in Arizona politics goes beyond the groyper movement.

Online, Mosiman often interacted with many local politicians, and in recent years started coming to the defense of conservative youth organization Turning Point USA.

“I used to be not a huge fan of TPUSA, but after seeing hard working and effective conservatives like (Austin Smith) and (Tyler Bowyer), I changed my mind,” Mosiman wrote on X in 2022, referring to two of the Arizona-based group’s leaders.

Both Smith and Bowyer are listed as members of the advisory team for the Arizona Young Republicans chapter that Mosiman leads. TPUSA did not respond to a request for comment for this story. Neither did Nancy Cottle, Republican state Rep. Matt Gress and GOP state Sen. Jake Hoffman, who were also listed as advisory board members.

The website for the Arizona Young Republicans went offline on Wednesday, but archived snapshots were still online.

“Without a doubt, Turning Point Action had the most meaningful grassroots impact on Arizona,” Mosiman wrote on X on Nov. 11, 2024, shortly after last year’s election. “Hats off to (Tyler Bowyer) and his phenomenal staff.”

Bowyer is the Chief Operating Officer of Turning Point Action, the political action arm of Turning Point USA.

TPUSA has long been a target of the groyper movement ,but in recent years has seen itself move farther to the right and courting controversy for hiring racists.