Yesterday’s big news was Special Counsel Jack Smith’s highly unusual attempt to skip an appeal to a Federal appeals court and go directly to SCOTUS when it comes to former President Trump’s all-encompassing immunity claims:
Special counsel Jack Smith on Monday asked the Supreme Court to decide whether Donald Trump has any immunity from criminal prosecution for alleged crimes he committed while in office – the first time that the high court will weigh in on the historic prosecution of the former president.
The extraordinary request is an attempt by Smith to keep the election subversion trial – currently scheduled for early March – on track. Smith is asking the Supreme Court to take the rare step of skipping a federal appeals court and quickly decide a fundamental issue of the case against Trump. [CNN/Politics]
My assumption is that the Special Counsel is attempting to get convictions prior to the election next year. The question is why?
Will being President, under the assumption that Trump wins next November, safeguard him from prosecutorial consequences? Only at the Federal level, although there may be soft considerations at the State level, where Fulton County AG Fani Willis may find herself hampered by Presidential claims of immunity or of harassment by herself.
On the other end of the spectrum, perhaps Smith is motivated by politics, a desire to “get” the former President, a corrupt motivation of classic lineage? And, it’s true, it’s not hard to see this as a plausible motivation on a battlefield littered with mendacity, such as Committee Chairman Comer’s (R-SC) statements concerning Democratic President Biden’s alleged corruption, which has drawn little more than laughter from independent, disinterested observers.
So it’s worth taking the next step beyond these negative approaches to the question, and ask the positive question: What positive, politics-neutral effect can come from pursuing this strategy?
And it’s this: Citizens should have all relevant information possible concerning a Presidential candidate.
What is a trial? It’s a presentation of legal facts and the story that can, or cannot, be credibly woven from them. Their contribution to revelations concerning a person running for office are important, even critical, because the motivations and character of a candidate is often, and moreover should be, key elements in the analysis that goes into selecting a candidate to receive, or not, your vote.
The crime, or crimes, that Trump may have committed have already occurred, and thus they are relevant to the election because, if they exist, they contribute key information to the independent, undecided voter; and if such crimes were not committed, at least in the opinion of a jury, that, too, is an important contribution to the thought process of the independent voter.
Putting that into the ol’ hopper, I am unperturbed by the Special Counsel’s maneuver on corruption grounds, because I see this as an effort to bring relevant facts into the awareness of voters next November, and that’s what democracy is all about.
And what has been the former President’s strategy?
Delay, delay, delay. Says something, doesn’t it?