HUGE: SCOTUS grants cert in presidential immunity appeal, orders appellate court to hold issuing its mandate (ruling that denied Trump’s immunity argument) until SCOTUS decides the matter. Oral arguments in April.
What does this mean?…
The Jan 6 case in Washington has been on hold since December—all pretrial deadlines were suspended pending resolution of immunity question. Chutkan vacated the March 4 trial date earlier this month.
In doing so, she indicated she would essentially roll back the clock and allow Trump to make up the time between December hold and SCOTUS opinion. So even if SCOTUS issues a decision in late May and upholds appellate court ruling denying immunity claims, that adds almost 6 months to trial schedule.
In short, the earliest a trial could begin in Washington with that timeframe would be late October. And considering a trial could go 2+ months, that means no conviction on this indictment before Election Day.
And VERY important—the week before, SCOTUS will hear oral arguments on 1512c2 appeal. That will give us some indication of how justices are leaning. If a majority sound skeptical as to DOJ’s application of 1512c2, it’s big trouble for Jack Smith’s DC indictment bc that count represents half of his J6 indictment against Trump.
If SCOTUS reverses how DOJ has used 1512c2, hard to see how he keeps it in indictment. Then Will he go to trial in late October on two vague and flimsy conspiracy charges?
Related: No matter how much you hate the media, it’s not enough.
Jack Smith has a history of torturing statutes to get a result that he wants, and then getting reversed at SCOTUS, but at that point the damage is done, and in some cases, the victims of his witch hunts are dead.
He also seems to have “Democrat Plot Armor” so he never gets held to account for his actions.
“Then will he go to trial in late October on two vague and flimsy conspiracy charges?”
They’re all vague and flimsy conspiracy charges.
Something to consider. If they scheduled for April, Trump will have secured the nomination by the time they solicit arguments in all likelihood. The justices likely already did a head count on the issue and realized they can’t open up this can of worms.
I’m going with “formality.” Others will call it Kabuki Theater. The media will now switch to “our justice system needs to be revamped.”