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Millhiser: The Supreme Court is about to decide whether to sabotage Trump's election theft trial
https://www.vox.com/scotus/2024/2/6/24063557/supreme-court-trump-immunity-dc-circuit-united-states-jack-smith-tanya-chutkanOn Tuesday, a federal appeals court handed down two widely anticipated documents rejecting a particularly unpersuasive legal argument by former President Donald Trump.
The first was a 57-page opinion rejecting Trump’s claim that he is immune from prosecution for his failed attempts to overthrow President Joe Biden’s victory in the 2020 election. Trump claimed he was immune because the president cannot be prosecuted for “official acts” he engages in while in office. But this argument borders on frivolousness, and it would have had astonishing implications if the courts actually bought it — which they did not.
The second, more important document that the United States Court of Appeals for the District of Columbia Circuit handed down Tuesday is a single-page judgment that effectively lays out the schedule for resuming Trump’s federal prosecution for attempted election theft.
It’s unlikely that either Trump or his lawyers actually thought the courts would rule that sitting presidents have a right to commit crimes. Instead, Trump’s legal strategy is to delay his criminal trials as much as possible, in the hopes that he will be elected president before he is convicted and then can order the Justice Department to drop his federal prosecutions.
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