Wednesday, February 28, 2024

"Miscellaneous Order (02/28/2024)": SCOTUS Refuses to Allow Trumpie Jan. 6 Trial to Go Forward

The high court could have taken the issue of presidential immunity on Writ of Certiorari filed by Jack Smith, but they denied Smith's writ. They waited for the D.C. appellate court ruling that Trumpie was not immune from prosecution and waited for Trumpie to appeal. They could have vacated the stay of the trial pending their resolution of Trumpie's appeal on "Whether and if so to what extent does a former President enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during
his tenure in office". (The Order today on the Court website is nonchalantly titled: "Miscellaneous Order (02/28/2024".) Instead, they held the trial in abeyance while scheduling oral argument the week of April 22. In the normal course SCOTUS will issue its decision in late June. Then Trumpie will argue that the trial can't be held because it will be so close to the November election as to constitute interference and the trial will be put off until after the election.