Supreme Court May Punt Special Counsel Case To Lower Courts

The U.S. Supreme Court is seen at near sunset in Washington, on Oct. 18, 2018.

The Supreme Court justices are leaning towards not dismissing special counsel Jack Smith's case outright. Instead, they may opt to send it back to lower courts, causing a delay in the trial and potentially benefiting former President Donald Trump strategically.

According to sources, it is evident that the majority of justices are not in favor of outright dismissing the special counsel's case. However, Chief Justice John Roberts seems to believe that the lower courts did not sufficiently differentiate between official acts and private acts. This suggests that the justices might establish a test and remand the case to lower courts for further legal proceedings.

Justices likely to remand the case to lower courts for further legal proceedings.

Supreme Court may not dismiss special counsel's case outright.

Chief Justice Roberts questions lower courts' differentiation between official and private acts.

There is a chance that the case could return to the Supreme Court in about a year, following additional litigation at the lower-court level. Alternatively, if Trump secures reelection, he could potentially make the case disappear. While Trump may not be on track for a legal victory at the high court, strategically, this situation seems to work in his favor.

The crux of the matter lies in determining whether Trump's actions in attempting to overturn the 2020 election were classified as 'private' or 'official.' Trump argues that these efforts were part of his official duties as president, thereby seeking immunity from prosecution.