Close Encounters of the Third Branch
The Supreme Court just stood in the middle of 5th Avenue and shot the Constitution. SCOTUS has decided to hear oral arguments on “whether and if so to what extent does a former President enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office.” The arguments will take place in April and the decision will come by June. In other words, the chances of a Trump Jan 6 trial concluding before the election is now quite unlikely. Aside from the timing, it’s disturbing that the justices would even deign to hear more of the ridiculous arguments that any American, president or otherwise, is above the law. The SCOTUS should have rubber-stamped the ruling by the D.C. Circuit Court of Appeals. To suggest anyone has total immunity flies in the face of every core principle of American jurisprudence from the revolution right through all 23 seasons of Law & Order. Supreme Court hands Trump a huge win before it even hears his case. And Rolling Stone: Trump’s Team ‘Literally Popping Champagne’ Over Supreme Court Taking Up Immunity Claim.
+ “This isn’t a hard case. The substantive argument Trump makes—that presidents are entitled to absolute immunity from criminal prosecution for anything they do in office and more specifically, for trying to steal an election—has to be a loser. As we’ve discussed before, if it’s not, our claim to be a democracy is no longer viable.” Joyce Vance: The Supreme Court Disappoints. Again, this is all less about the final decision and more about the time it takes to get there. And it’s hard not to feel that the Judicial Branch has it in for the Scranton Branch. But I’ve always been dubious of the polling that suggests a Trump conviction will change that many votes. We all saw what happened on January 6 in real time. We all experienced the Trump presidency. Trump’s enablers and endorsers know exactly who he is and what he has planned for a second term. In the end, as many have predicted, the future of America will be decided at the ballot box.
+ Scheduling note: NextDraft will be off tomorrow. If the SCOTUS can delay for months, I can delay for one day…
