The truth is we should have already had or been close to a verdict in the federal prosecution brought by special counsel Jack Smith. That case concerns the conspiracy Trump allegedly orchestrated to manipulate the results of the 2020 presidential election, which culminated in the Jan. 6 insurrection. The Washington case had been set to begin in early March, and Manhattan DA Alvin Bragg had expressed openness to postponing the New York case so the Washington one could go first. With the federal trial estimated to last eight to 12 weeks, it would most likely be done or wrapping up by now.
The reason that didn’t happen is that a majority on the court decided to delay the administration of justice by considering Trump’s outrageous presidential immunity argument. Trump argues that because he was president at the time of the alleged crimes, he is immune from prosecution in the case. But he doesn’t stop there: His lawyers have presented a shocking theory of presidential power that would render him immune even if he ordered SEAL Team Six to assassinate his political rivals (barring first being impeached and convicted, something that has never happened in American history).
In Trump v. Anderson, the case deciding whether Trump could remain on Colorado’s ballot as a presidential candidate despite the constitutional limits on insurrectionists’ holding office, the Supreme Court ruled in Trump’s favor just 25 days after oral arguments and just 61 days after he petitioned the court for review. It did so even though Trump remained on the ballot pending a decision. Tuesday marked 26 days after the court heard oral arguments, 99 days and counting since he appealed the unanimous D.C. Circuit ruling against him and 162 days and counting since the Justice Department originally asked it to take up the case. Yet there is no sign of a decision.
And with Alito and Thomas still on the Court and feckless Roberts unwilling or unable to do anything to restore the legitimacy of his court, it’s likely to remain so.
This is on my mind:
The truth is we should have already had or been close to a verdict in the federal prosecution brought by special counsel Jack Smith. That case concerns the conspiracy Trump allegedly orchestrated to manipulate the results of the 2020 presidential election, which culminated in the Jan. 6 insurrection. The Washington case had been set to begin in early March, and Manhattan DA Alvin Bragg had expressed openness to postponing the New York case so the Washington one could go first. With the federal trial estimated to last eight to 12 weeks, it would most likely be done or wrapping up by now.
The reason that didn’t happen is that a majority on the court decided to delay the administration of justice by considering Trump’s outrageous presidential immunity argument. Trump argues that because he was president at the time of the alleged crimes, he is immune from prosecution in the case. But he doesn’t stop there: His lawyers have presented a shocking theory of presidential power that would render him immune even if he ordered SEAL Team Six to assassinate his political rivals (barring first being impeached and convicted, something that has never happened in American history).
In Trump v. Anderson, the case deciding whether Trump could remain on Colorado’s ballot as a presidential candidate despite the constitutional limits on insurrectionists’ holding office, the Supreme Court ruled in Trump’s favor just 25 days after oral arguments and just 61 days after he petitioned the court for review. It did so even though Trump remained on the ballot pending a decision. Tuesday marked 26 days after the court heard oral arguments, 99 days and counting since he appealed the unanimous D.C. Circuit ruling against him and 162 days and counting since the Justice Department originally asked it to take up the case. Yet there is no sign of a decision.
And with Alito and Thomas still on the Court and feckless Roberts unwilling or unable to do anything to restore the legitimacy of his court, it’s likely to remain so.