Gosh who could’ve seen this coming?! Ah well, at least we didn’t do anything that might’ve made us “seem political” before it was too late.
On Wednesday night, after sitting on briefs for two weeks, the Republican-controlled Supreme Court announced it will consider Donald Trump’s claim of absolute immunity from criminal prosecution for trying to overturn the 2020 election…in late April.
If you’re an institutionalist, don’t let the small ways the justices broke with Trump fool you into thinking they didn’t just do him a huge, cynical favor. They did.
It’s true that Trump didn’t technically appeal the DC Circuit ruling that he’s “Citizen Trump,” subject to the rule of law. He asked for his trial to be stayed and for the Supreme Court to punt the matter back to the appellate court for en banc review, which would’ve created a new multi-week layer of delay. And it’s true, the Court didn’t take the maximally corrupt step of scheduling oral arguments in November. What they did is in some ways more diabolical, because it’s simultaneously a huge favor to Trump and an effort to conceal their own dirty work. Here’s how.