Christmas obviously came early for Trump and his legal team with the Supreme Court’s decision to hear Trump’s case regarding his claims of absolute presidential immunity regarding the case about the January 6th insurrection. This is especially true given the Court’s proposed date to hear oral arguments two months from now. The can gets kicked further down the road!
Don’t forget the Special Prosecutor, Jack Smith, had asked the Supreme Court to decide this question earlier to avoid such a delay. Instead, the Supreme Court refused to hear the case at that time and kicked it down to the appellate court. The appellate court ruled unanimously that Trump did not have unlimited immunity. It is now back up at the Supreme Court but the result of all these judicial machinations was to delay the case even further which, of course, plays right into Trump’s legal strategy – delay, delay, delay!
If I were a cynic and prone to conspiracy theories, I could believe the Supreme Court took these actions expecting that even if they ultimately rule against Trump, which according to most legal scholars is likely, the actual trial will not take place until after the election. If Trump wins the election, the trial will magically disappear one way or another and the Supreme Court can claim they did their job but are not responsible for Trump’s subsequent actions. They can claim their hands are clean.
If Biden wins re-election and Trump is subsequently prosecuted at trial, the Supreme Court will still be able to claim they are impartial and did their jobs because the prosecution would take place under a Biden administration so Biden and his DOJ will take all the heat.
I believe they are very much aware if they were to rule in favor of Trump and his claims of absolute immunity, there would be a huge uproar and the fingers would point at the already ethically challenged court as being biased in favor of Trump. By kicking the can far enough down the road, they are able to maintain whatever dignity they still have left, while still appearing to be objective. Frankly, I think they already know how they are going to rule but were looking for a strategy to be able to rule against Trump without incurring the wrath of the Trump and his toadies. Kicking the can down the road a couple of months looks like it will do the trick. After the election, whatever happens happens and their hands are clean! Machiavelli would be proud!
I really hate to impugn the integrity of the Supreme Court but after all that has transpired with Justices Thomas (and his wife!) and Alioto, it’s hard not to be a little skeptical as to their objectivity. And then there is Judge Cannon down in Florida whose deference towards Trump and his legal team leads to ongoing speculation that sooner or later she will be replaced. She seems to be intent on helping the Trump team delay the trial regarding the classified documents he stole until after the election. If that happens, it’s the same scenario as above.
The way things look now, the only trial that appears like it will move forward before the election is the trial regarding the hush money payments to porn star Stormy Daniels which is due to start March 25th. Wouldn’t it be a bit amusing if the only felony Trump is convicted of before the election involved payments to a porn star? On the other hand, it’s fitting. Stormy Daniels engages in sexual porn. Donald Trump engages in political porn. It will be most interesting to see how all the evangelical Christians square their beliefs with that outcome. I can just hear Mike Johnson now, “God works in mysterious ways!”
I would have preferred the Supreme Court put a lump of coal in Trump’s stocking but, alas, they gave him a gift with a pretty bow on it!! The lump of coal is for the rest of us, and we and the entire free world will pay the price.