Smith intends to shortcut the appeals process by going straight to the top. And yes, this is unusual, but not without precedent. The Supreme Court told Nixon to get bent in a similar case.
Playing with fire a bit, but I have full faith in Smith. But think about it, what if I had your ass in court and said, “Fuck @Buffalox! Take his case to the Supreme Court and get a ruling that he’s preemptively fucked, without recourse to lower courts.” Smith said as much:
“The United States recognizes that this is an extraordinary request. This is an extraordinary case,” prosecutors wrote. “The Court should grant certiorari and set a briefing schedule that would permit this case to be argued and resolved as promptly as possible.”
The Court doesn’t have to take it, and may not. If they don’t, that means the lower court’s ruling stays, “Hell yes Trump is able to be prosecuted.” If they do, I still imagine they judge Trump open to prosecution. Just because they’re conservative and he appointed them, they don’t owe him jack shit. Like all the power players, they probably hate his guts. And unlike elected politicians, the justices have nothing to lose.