www.washingtonpost.com
Open in
urlscan Pro
2.16.215.147
Public Scan
URL:
https://www.washingtonpost.com/opinions/2024/03/05/supreme-court-timing-trump-trial/?utm_campaign=wp_post_most&utm_medium=email...
Submission: On March 05 via api from BE — Scanned from DE
Submission: On March 05 via api from BE — Scanned from DE
Form analysis 1 forms found in the DOM
<form class="w-100 left" id="registration-form" data-qa="regwall-registration-form-container">
<div>
<div class="wpds-c-QqrcX wpds-c-QqrcX-iPJLV-css">
<div class="wpds-c-iQOSPq"><span role="label" id="radix-0" class="wpds-c-hdyOns wpds-c-iJWmNK">Enter email address</span><input id="registration-email-id" type="text" aria-invalid="false" name="registration-email"
data-qa="regwall-registration-form-email-input" data-private="true" class="wpds-c-djFMBQ wpds-c-djFMBQ-iPJLV-css" value="" aria-labelledby="radix-0"></div>
</div>
</div>
<div class="dn">
<div class="db mt-xs mb-xs "><span role="label" id="radix-1" class="wpds-c-hdyOns"><span class="db font-xxxs gray-darker pt-xxs pb-xxs gray-dark" style="padding-top: 1px;"><span>By selecting "Start reading," you agree to The Washington Post's
<a target="_blank" style="color:inherit;" class="underline" href="https://www.washingtonpost.com/information/2022/01/01/terms-of-service/">Terms of Service</a> and
<a target="_blank" style="color:inherit;" class="underline" href="https://www.washingtonpost.com/privacy-policy/">Privacy Policy</a>.</span></span></span>
<div class="db gray-dark relative flex pt-xxs pb-xxs items-start gray-darker"><span role="label" id="radix-2" class="wpds-c-hdyOns wpds-c-jDXwHV"><button type="button" role="checkbox" aria-checked="false" data-state="unchecked" value="on"
id="mcCheckbox" data-testid="mcCheckbox" class="wpds-c-cqTwYl wpds-c-cqTwYl-bnVAXI-size-125 wpds-c-cqTwYl-kFjMjo-cv wpds-c-cqTwYl-ikKWKCv-css" aria-labelledby="radix-2"></button><input type="checkbox" aria-hidden="true" tabindex="-1"
value="on" style="transform: translateX(-100%); position: absolute; pointer-events: none; opacity: 0; margin: 0px; width: 0px; height: 0px;"><span class="wpds-c-bFeFXz"><span class="relative db gray-darker" style="padding-top: 2px;"><span
class="relative db font-xxxs" style="padding-top: 1px;"><span>The Washington Post may use my email address to provide me occasional special offers via email and through other platforms. I can opt out at any
time.</span></span></span></span></span></div>
</div>
</div>
<div id="subs-turnstile-hook" class="center dn"></div><button data-qa="regwall-registration-form-cta-button" type="submit"
class="wpds-c-kSOqLF wpds-c-kSOqLF-hDKJFr-variant-cta wpds-c-kSOqLF-eHdizY-density-default wpds-c-kSOqLF-ejCoEP-icon-left wpds-c-kSOqLF-ikFyhzm-css w-100 mt-sm"><span>Start reading</span></button>
</form>Text Content
Accessibility statementSkip to main content Democracy Dies in Darkness SubscribeSign in Advertisement Close The Washington PostDemocracy Dies in Darkness OpinionsEditorials Columns Guest opinions Cartoons Submit a guest opinion Today's Opinions newsletter OpinionsEditorials Columns Guest opinions Cartoons Submit a guest opinion Today's Opinions newsletter OPINION THE SUPREME COURT DID TRUMP NO FAVORS. HE’LL BE FACING A FALL TRIAL. By Jennifer Rubin Columnist| Follow author Follow March 5, 2024 at 7:45 a.m. EST Special counsel Jack Smith makes a statement on June 9, 2023, in D.C (Tom Brenner for The Washington Post) Listen 5 min Share Comment on this storyComment Add to your saved stories Save While leaving him on the ballot in the 14th Amendment case (but refusing to rule out that Jan. 6, 2021, was an “insurrection”), the Supreme Court has taken every opportunity to delay four-times-indicted former president Donald Trump’s Jan. 6 trial. Sign up for the Prompt 2024 newsletter for opinions on the biggest questions in politicsArrowRight In late December, the court declined to consider the absolute immunity claim, preferring to wait for the ruling from the U.S. Court of Appeals for the D.C. Circuit. After the appellate decision, the high court was not obliged to take the case. It could have affirmed summarily. Nevertheless, after nearly two weeks, the court decided it did need to take the case. Then it set the hearing for April 22. Trump’s team undoubtedly celebrated the latest delay. But should it? As a preliminary matter, the Justice Department has clarified that its guideline to refrain from initiating indictments or investigations about 60 days before an election is inapplicable to pending cases that a court schedules during that time frame. Cases that are ready to go can start regardless of the campaign calendar. Advertisement Story continues below advertisement The Jan. 6 case likely will start before the election. Follow this authorJennifer Rubin's opinions Follow The Supreme Court could — as it did in Watergate, emergency cases involving the coronavirus or Bush v. Gore — move promptly and decide the immunity case within a few weeks of the hearing. Norman L. Eisen, Matthew A. Seligman and Joshua Kolb at Just Security explained: “For example, in U.S. v. Nixon, the Court held oral argument on July 8, 1974 and issued its decision on July 24, 1974 — an interval of three weeks. If the Court were to follow that example here, we would receive a decision around Tuesday, May 13.” (In the 14th Amendment case, the opinion came in slightly less than a month after oral arguments.) Arguably, any further delay would look hyperpartisan even for this court. With a May ruling, Judge Tanya S. Chutkan could stick to her schedule (i.e., each day lost since the December stay gets added back to the schedule, and the trial could start on Aug. 2. The trial would run through the campaign’s final months. Trump, rather than campaigning in the last months of the campaign, would be sitting (pouting, if his previous courtroom demeanor is predictive) in court. During the fall, daily testimony concerning his 2020-2021 coup attempt would be front and center. As Eisen, Seligman and Kolb calculated, “If the trial starts on Aug. 2 and lasts eight weeks it will be submitted to the jury on Sept. 27; and if the trial lasts 12 weeks, it will be submitted to the jury on Oct. 25.” Advertisement Story continues below advertisement That schedule is Trump’s worst nightmare. Then-FBI Director James B. Comey claimed 11 days before the 2016 election that “new” documents had turned up concerning former secretary of state and 2016 Democratic presidential nominee Hillary Clinton’s emails. That threw a monkey wrench into the campaign, arguably costing her the election. Here, an October guilty verdict — even if appealed — would be curtains for the MAGA crowd. What if the court’s decision requires further fact-finding to apply its holding (e.g., “Does the indictment involve official acts?”)? If Chutkan needs to hear evidence outlining his complicity in the coup, voters would still get an earful about Trump’s betrayal of the Constitution. If Chutkan instead could rule on the indictment’s allegation, not much time would be lost. Alternatively, Just Security’s authors calculated a trial start date around Sept. 20 if the Supreme Court slow-walks a ruling on the immunity claim until the end of June, the session’s traditional endpoint. A verdict would be nearly impossible before the election, but the campaign’s close would be consumed with testimony about Trump’s alleged involvement in the coup. That would be nearly as devastating as a verdict. Advertisement Story continues below advertisement Four other considerations: First, any prospect of starting the Jan. 6 trial before the election evaporates if the Supreme Court’s ruling leaves application of immunity to this case less than airtight. After Chutkan rules, Trump then might take another interlocutory appeal, effectively foreclosing any pre-election trial. Second, however, no serious lawyer thinks the court would agree that Trump enjoys absolute immunity for alleged crimes in office. Even a court this partisan would not countenance immunity for assassinating political enemies, as the D.C. Circuit postulated. Whatever the timing, therefore, the court almost certainly would issue a stark rebuke to Trump’s fantasy of absolute immunity. Voters would still have the benefit of the court’s rejection of his view of the presidency as dangerous and unconstitutional, infuriating Trump and giving President Biden a powerful closing message. Advertisement Story continues below advertisement Third, the Jan. 6 trial delays have opened up the calendar. New York’s hush-money trial is scheduled to get underway March 25, with a likely May verdict. Disregard pundits’ sneering: The facts and the law strongly favor prosecutors. A conviction (maybe with an embarrassing cross-examination if Trump insists on testifying) surely would be a blow to Trump. “The first former president convicted of a felony!” would dominate the news, as would discussion about whether to incarcerate him. It is also possible, although unlikely, given Judge Aileen M. Cannon’s slow-walking, that the Jan. 6 delays would allow the trial for Trump’s alleged mishandling of classified documents to begin, if not finish, before the election. (Special counsel Jack Smith wants to start the case in July; Trump’s lawyers counteroffered August.) A trial highlighting Trump’s disdain for national security and alleged obstruction of justice would easily monopolize fall campaign coverage. Fourth, beginning but not completing the Jan. 6 and/or classified documents trials before the election would have a silver lining: The prosecution could present devastating evidence without the risk of losing before voters cast ballots. Any not-guilty verdict would give Trump an enormous boost, vindicating his persecution claim. But despite the slothlike pace of the Supreme Court, through much of the fall, Trump likely will be off the trail and on trial — as voters get nonstop reminders about his contempt for the law. Share 1453 Comments More from Opinions HAND CURATED * Opinion|A Trump dictatorship is increasingly inevitable. We should stop pretending. November 30, 2023 Opinion|A Trump dictatorship is increasingly inevitable. We should stop pretending. November 30, 2023 * Opinion|How Oct. 7 is forcing Jews to reckon with Israel Earlier today Opinion|How Oct. 7 is forcing Jews to reckon with Israel Earlier today * Opinion|I’m glad I had a gun. I’m even happier I didn’t use it on an intruder. March 4, 2024 Opinion|I’m glad I had a gun. I’m even happier I didn’t use it on an intruder. March 4, 2024 View 3 more stories Loading... Subscribe to comment and get the full experience. Choose your plan → Advertisement Advertisement TOP STORIES Advice Moral dilemmas, relationships, parenting and more Carolyn Hax: When stepsiblings fight, parent feels guilty for blending family Miss Manners: I want to celebrate my pregnancy without gifts Ask Amy: Should she tell friends she was unaware of her ex-husband’s crimes? Refresh Try a different topic Sign in or create a free account to save your preferences Advertisement Advertisement Company About The Post Newsroom Policies & Standards Diversity & Inclusion Careers Media & Community Relations WP Creative Group Accessibility Statement Sitemap Get The Post Become a Subscriber Gift Subscriptions Mobile & Apps Newsletters & Alerts Washington Post Live Reprints & Permissions Post Store Books & E-Books Print Archives (Subscribers Only) Today’s Paper Public Notices Coupons Contact Us Contact the Newsroom Contact Customer Care Contact the Opinions Team Advertise Licensing & Syndication Request a Correction Send a News Tip Report a Vulnerability Terms of Use Digital Products Terms of Sale Print Products Terms of Sale Terms of Service Privacy Policy Cookie Settings Submissions & Discussion Policy RSS Terms of Service Ad Choices washingtonpost.com © 1996-2024 The Washington Post * washingtonpost.com * © 1996-2024 The Washington Post * About The Post * Contact the Newsroom * Contact Customer Care * Request a Correction * Send a News Tip * Report a Vulnerability * Download the Washington Post App * Policies & Standards * Terms of Service * Privacy Policy * Cookie Settings * Print Products Terms of Sale * Digital Products Terms of Sale * Submissions & Discussion Policy * RSS Terms of Service * Ad Choices * Coupons 5.12.2 Already have an account? Sign in -------------------------------------------------------------------------------- TWO WAYS TO READ THIS ARTICLE: Create an account or sign in Free * Access this article Enter email address By selecting "Start reading," you agree to The Washington Post's Terms of Service and Privacy Policy. The Washington Post may use my email address to provide me occasional special offers via email and through other platforms. I can opt out at any time. Start reading Subscribe €2every 4 weeks * Unlimited access to all articles * Save stories to read later Subscribe WE CARE ABOUT YOUR PRIVACY We and our 46 partners store and/or access information on a device, such as unique IDs in cookies to process personal data. You may accept or manage your choices by clicking below, including your right to object where legitimate interest is used, or at any time in the privacy policy page. These choices will be signaled to our partners and will not affect browsing data. If you click “I accept,” in addition to processing data using cookies and similar technologies for the purposes to the right, you also agree we may process the profile information you provide and your interactions with our surveys and other interactive content for personalized advertising. If you do not accept, we will process cookies and associated data for strictly necessary purposes and process non-cookie data as set forth in our Privacy Policy (consistent with law and, if applicable, other choices you have made). WE AND OUR PARTNERS PROCESS COOKIE DATA TO PROVIDE: Actively scan device characteristics for identification. Create profiles for personalised advertising. Use profiles to select personalised advertising. Create profiles to personalise content. Use profiles to select personalised content. Measure advertising performance. Measure content performance. Understand audiences through statistics or combinations of data from different sources. Develop and improve services. Store and/or access information on a device. Use limited data to select content. Use limited data to select advertising. List of Partners (vendors) I Accept Reject All Show Purposes