Supreme Court

 Robert Hubbell - The Court’s delay in granting review, scheduling argument, and issuing its opinion effectively granted Trump six months of immunity from prosecution when it mattered most—during the 2024 presidential election. It is now too late for Jack Smith to obtain a jury verdict before November 5, 2024—exactly the result Trump desired.It could have been otherwise. The Supreme Court had multiple opportunities to expedite its review of Trump's defense. But at each pivotal moment, the Court opted for delay. It opted for delay at the following decision points:

·       When Jack Smith asked the Court to grant immediate and direct review of Judge Chutkan’s decision on 12/1/23, skipping over the DC Court of Appeals by granting “certiorari before judgment.” The Court denied Jack Smith request to expedite the appeal (12/22/23).

·       When the Supreme Court granted review of the DC Court of Appeals affirmance of Judge Chutkan’s decision rather than issuing a summary affirmance by adopting the DC Circuit’s opinion in whole. (2/28/2024)

·       When it granted review of the DC Court of Appeals affirmance of Judge Chutkan’s decision but placed it on the last day of argument during the 2023-2024 term, i.e., April 24, 2024.

·       When it delayed from the hearing on April 24, 2024, until today (at least) to issue an opinion on a matter of urgent, national importance—a delay of at least 57 days.

By contrast, the Supreme Court issued an opinion in 26 days (2/8/24 to 3/4/24) to allow Trump on the Colorado primary ballot despite the disqualification clause of the 14th Amendment. In an earlier era, the Burger Court took less than three weeks to reject President Nixon’s claim of presidential immunity against a criminal subpoena for his tapes of Oval Office conversations. 

 All told, the Supreme Court granted Trump six months of delay. In doing so, the Court has broken faith with the American people and the Constitution. I fervently hope that the Court unanimously upholds the opinions of Judge Chutkan and the DC Circuit by making clear that his presidential immunity defense on the facts alleged is baseless. But even if it does so, it will hand Trump a corrupt victory in which the Court’s reactionary majority is a co-conspirator.