The US Supreme Court has declined to immediately decide former president Donald Trump's claim that he cannot be prosecuted for trying to overturn his 2020 election defeat, allowing a lower court to continue reviewing the issue.
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The justices, rebuffing an extraordinary request by US Special Counsel Jack Smith, refused to in effect leapfrog a lower appeals court to speed up a final ruling on Trump's claim of criminal immunity ahead of his trial, due to begin in March.
The court issued its decision on Friday without explanation in a brief one-page order.
No justice publicly dissented. The justices could still decide to consider the issue later.
A federal appeals court in Washington has fast-tracked its consideration of the issue and scheduled oral arguments for January 9.
In a statement to supporters, Trump labelled the Supreme Court decision as a victory but added "I will still have to fight for my rights in the Appeals Court".
A spokesperson for Smith declined to comment.
Prosecutors have accused Trump, the frontrunner for the 2024 Republican presidential nomination, of attempting to obstruct Congress and defraud the US government through schemes to reverse Democratic President Joe Biden's 2020 election win.
Trump has argued that the case should be dismissed on the grounds that former presidents cannot face criminal charges for conduct related to their official responsibilities.
US District Judge Tanya Chutkan rejected that claim on December 1, prompting Trump's appeal to the US Court of Appeals for the District of Columbia Circuit.
Trump's appeal suspended his trial, currently set for March.
In a bid to avoid delaying Trump's trial, Smith on December 11 urged the Supreme Court to undertake an expedited ruling - even as the DC Circuit court races to rule on the issue.
If Trump is re-elected to the White House on November 5, he could seek to pardon himself of any federal crimes.
Trump's lawyers opposed Smith's request, telling the justices in a court filing the special counsel's bid to bypass the normal appellate process amounted to a "rush to decide the issues with reckless abandon".
Three of the nine Supreme Court justices were appointed by Trump, who cemented a 6-3 conservative majority.
Australian Associated Press
