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On Monday, particular counsel Jack Smith petitioned the Supreme Court docket to find out whether or not Donald Trump is entitled to immunity from prosecution for crimes he dedicated whereas in workplace. Solely hours after his submitting, the courtroom agreed to take up the query and provides it fast-track consideration.
As The Washington Submit studies, the courtroom’s fast acceptance of Smith’s request doesn’t assure that it’ll rule in a approach that cuts off additional appeals. Nevertheless, by transferring instantly to the Supreme Court docket, Smith is clearly in search of to expedite a choice on a difficulty that hangs over nearly each case Trump at present faces … and that gambit has Trump and his supporters fuming.
In his over 4,000 lawsuits, Donald Trump has deployed one tactic above all others: delay. Whether or not the case is massive or small, Trump will do every little thing to extend the time in courtroom, together with requesting extensions, in search of delays, transferring for dismissal, and above all, submitting appeals.
On so many events, Trump has been in a position to merely outlast civil instances by exhausting his opponents in courtroom. Dragging out instances has additionally given Trump leverage in reaching settlements and wielding management over the timing of resolutions. Within the case of Trump College, the unique lawsuit was filed in 2010. A remaining settlement got here in 2018, conveniently after the 2016 presidential election.
The primary federal case towards Trump after he left the White Home resulted from his hoarding and mishandling of categorized nationwide safety paperwork at Mar-a-Lago. That case has already been marked by extraordinary delays, together with an entire cycle involving the appointment of a particular grasp throughout the gathering of proof.
Trump realized many years in the past that justice delayed is justice denied. And there’s nothing he desires greater than to disclaim justice.
The query that Smith positioned earlier than the Court docket is easy:
Whether or not a former President is totally immune from federal prosecution for crimes dedicated whereas in workplace or is constitutionally protected against federal prosecution when he has been impeached however not convicted earlier than the legal proceedings start.
Trump supporters who perceive the sport assume Smith jumped the queue by going to the Supreme Court docket. In a single day, the Trump marketing campaign put out an announcement that isn’t straight from Trump, however definitely captures his insulting and juvenile tone.
In the meantime, Kash Patel, who’s supposedly in line to be Trump’s CIA director, is boiling over at Smith’s refusal to observe the script.
Sen. Ron Johnson can’t clarify why that is incorrect, however he is aware of there’s positively a conspiracy in there someplace.
And GOP Rep. Anna Paulina Luna declares that Smith doesn’t have the “authorized authority” to do something as a result of the Justice Division has to have permission from Home Republicans.
If Smith fails to do what Luna calls for, she is going to … she is going to … do one thing. One thing that reveals simply how offended she and her buddies on the Home Oversight Committee are in regards to the particular counsel’s workplace refusing to show over all of the proof in a case that’s scheduled for trial in March. Which gained’t have an effect on Smith’s authority or the courtroom’s consideration of his query.
In his petition, Smith makes it clear that what he’s asking the courtroom represents “a elementary query on the coronary heart of our democracy”: Does sitting behind the Resolute Desk make Trump, or anybody else, completely immune from federal prosecution or present them with constitutional safety that persists even after they’ve left workplace?
As Smith factors out, the rationale that Gerald Ford pardoned Richard Nixon was that Ford did not consider Nixon was immune and anticipated he would face federal costs. In Trump’s case, district courts have rejected his declare of absolute immunity. Nevertheless, this difficulty has by no means been dominated on by the Supreme Court docket. And if there has ever been a Supreme Court docket inclined to declare the presidency above the legislation, that is the one.
Smith has taken his case, which costs Trump with election obstruction, straight to the highest. There’s no assure that any ruling that outcomes shall be broad sufficient to chop off further Trump appeals. There’s not even a assure that this courtroom gained’t grant Trump precisely what he desires: an absolute and sturdy exemption from following the legislation.
But when that occurs, no less than we will all go residence and cease pretending that we’re nonetheless in a democracy.
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