The Trump Decision Reveals Deep Rot in the System
On Monday the Supreme Court dispensed with the rule of law by effectively depriving the American people of crucial information we should have had before the November election.
The question before the justices in Trump v. United States: Was Donald Trump immune from prosecution for the crimes the special counsel Jack Smith accused him of committing while president? The answer should have been obvious: No, presidents cannot commit crimes aimed at obstructing the peaceful transfer of power without facing consequences. Indeed, to my knowledge, no court has ever held that a president could be criminally immune under any circumstances.
Instead of delivering that judgment many months ago and allowing the trial to proceed, the justices have given Mr. Trump the gift of delay piled upon delay. By taking nearly 10 weeks to deliberate before returning the case to the district court — and by sending it back not even for immediate trial but for preliminary determinations that could trigger yet another round of appeals — they have extinguished any realistic hope of getting a verdict in the Jan. 6 case before November. American voters will enter ballot booths to choose between Donald Trump and President Biden without knowing whether Mr. Trump is guilty of the crimes with which a grand jury of his fellow citizens charged him.
This decision may seem like a reflection of a rogue conservative majority that can, in time, be changed. But it is a sign of a much deeper problem — one that, when the time is ripe, will require constitutional reforms to solve and perhaps even a new branch of government.
Although the opinion features a high-minded disclaimer that the court is not granting Mr. Trump or any future president complete immunity, the practical effect of this decision is presumptive immunity for all future presidents and complete immunity by delay for Mr. Trump.
This prospect was not lost on Mr. Trump. He repeatedly obtained delays to avoid trial, turning the legal machinery of the court system against itself to buy what he needed most: time — time to distract, delay and spin his own version of the story as he sought to find a way to make these devastating charges disappear. If he becomes president again, he could have his new attorney general fire Mr. Smith and deep-six the entire prosecution.
