The one-sentence order, with no noted dissents, means that a federal appeals court in Washington will be the first to review a district judge's ruling earlier this month which rejected Trump's claim of immunity - with arguments scheduled to begin Jan. 9.

The move (or lack thereof) comes eight days after the USSC agreed to consider whether to expedite consideration of Special Counsel Jack Smith's petition to short-circuit the appeals court and immediately weigh in on Trump's claim of presidential immunity to try and have the case tossed.Smith argued that public interest required intervention now so that his well-timed case against the former president could proceed as scheduled in March.

"This case involves — for the first time in our Nation's history — criminal charges against a former President based on his actions while in office," Smith said in his filing, requesting the abnormally fast review. "And not just any actions: alleged acts to perpetuate himself in power by frustrating the constitutionally prescribed process for certifying the lawful winner of an election."