He has become the new Inspector Javert who is obsessed with getting Trump. The DC trial for on bogus charges that Trump tried to overthrow the government on Jan 6 has reached an impasse . The judge in the case Tanya Chutkan decided that Trump could be tried .

Trump is arguing that Jan 6 falls under "official acts" which the DOJ to date had held a position that President's official acts cannot be prosecuted .

The Office of Legal Counsel in the DOJ thinks there’s such a rule in the Constitution because it believes a criminal indictment and prosecution and punishment would effectively incapacitate the presidency. The DOJ believes it is unconstitutional to incapacitate the sitting president, and that the only means by which you can legally do so are impeachment, or the 25th Amendment, which sidelines an incapacitated president.

But that is not stopping Smith . He wants an immediate SCOTUS ruling on the issue that bypasses the appeals process.

Why ?

Because the trial is set to begin in March at the start of the primary season.

"The United States recognizes that this is an extraordinary request," Smith's filing said. "This is an extraordinary case."

When Will Supreme Court Rule on Donald Trump's Immunity Bid? What We Know (newsweek.com)

Today SCOTUS agreed to fast track the Trump appeal and rule on it .

Now the Dems want Clarence Thomas to recuse himself from this decision. Why ? Well they say that his wife Ginni has publicly questioned the integrity of the 2020 election results. But if Thomas sits this one out ;there is a chance SCOTUS' decision goes against Trump