Which leaves the only case that I think actually could prompt some shift in public opinion should Trump be convicted, as this is the single most serious crime in American history: his instigation of January 6th, his hours-long refusal to make it stop, all in the cause of overturning a presidential election. Trump has argued that as president, he’s immune from criminal charges, but that argument has been
resoundingly slapped down by a bipartisan appellate court and is now before the Supremes. Given the absence of any merit to Trump’s argument, the Court could rule quickly that the appellate court was right, which means that the trial could begin fairly promptly. How promptly? The judges in l’affaire Stormy and l’affaire insurrection have apparently conferred, and decided that Stormy will go first, which means that the earliest that the January 6th trial could begin would be
very late spring. By that time, of course, the primaries will have all but ended and the party conventions will be nigh. However, should the Court rule promptly that Trump enjoys no immunity (and given its promiscuous use of the "shadow docket," we know that the Court can speed things up when it wants to), maybe the New York judge and DA can be persuaded to get back in line and let the insurrection trial go first. Even if that doesn’t happen, a prompt ruling from the Court that presidents are not gods would at least ensure the insurrection trial proceeds before the election. A great
deal, then, depends on what the Court does over the next week (or weeks). One would expect Thomas and Alito to do Trump’s bidding, so this really comes down to the three justices Trump put there: Gorsuch, Kavanaugh, and Barrett. Assuming they have any regard for their own reputations, not to mention the law, they’ll rule, quickly, that Trump is mortal and not immune from the demands of justice.
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