Four lower court judges have already concluded that Donald Trump is not immune from the accusations in the government’s January 6 indictment. The Supreme Court is not making its decision in a vacuum, writes former U.S. federal Judge Nancy Gertner.
Four lower court judges have already concluded that Trump is not immune from the accusations in the government’s January 6 indictment.
Given the clarity of those decisions, it would have been easy for the U.S. Supreme Court to deny certiorari or at the very least, to put the case on an expedited track. Indeed, Special Prosecutor Jack Smith asked for expedited review last December, after Judge Chutkan’s decision. But this is no ordinary case. A decision to delay is a decision. It is a decision to block federal trials from being completed before the election. It is a decision to keep the question — did Trump commit a crime? — unanswered before the American people must vote., German citizens who were being tried before a military commission on spying charges during World War II, challenged the legality of the commission.
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