SCOTUS’ 'egregious conduct' has already given Trump a major win: conservative

24 June 2024

It remains to be seen when the U.S. Supreme Court will deliver its anxiously awaited decision on former President Donald Trump's absolute immunity claims, or what the justices will decide.

Special counsel Jack Smith's election interference case against Trump has been in limbo while his office awaits the High Court's ruling. And the other Trump-related case Smith is prosecuting — the Mar-a-Lago documents case — has been delayed repeatedly by Judge Aileen Cannon, a Trump appointee.

In a scathing column published on June 24, the Washington Post's Jennifer Rubin argues that whatever the High Court ultimately decides on Trump's immunity argument, the justices have already inflicted considerable damage on the legal process.

"Another day of Supreme Court decisions passed on Friday, another day without an opinion on presidential immunity," Rubin laments. "No better evidence of the bad faith and bias on the part of the right-wing Supreme Court majority exists than its foot-dragging on the decision concerning whether felon and former President Donald Trump can be prosecuted for an attempted insurrection. In deciding to delay the case for more than six months, the Court itself commits election interference."

The Never Trumper continues, "Trump's strategy in his four criminal matters has always been to delay any reckoning beyond the election in hopes he would get elected, whereupon he could shut down federal prosecutions and put state cases on hold. Now, thanks to U.S. District Judge Aileen M. Cannon's near comedic stalling of Trump's Espionage Act case and the Supreme Court's equally blatant procrastination, Trump may get his way."

Rubin slams Cannon for showing "obvious favoritism toward Trump," adding, "But is the Supreme Court’s majority any better?"

"Even if the Supreme Court rejects a sweeping absolute immunity claim," Rubin explains, "the Court's blatant procrastination will have signaled to the Aileen Cannons and other lower court judges that manipulation of justice simply through delay and procedural gimmicks is acceptable…. The Supreme Court justices' egregious conduct has only underscored that lifetime tenure leads to abuse of power."

The Washington Post columnist adds, "To preserve any hope of restoring the Court's integrity, voters, Congress and the president must insist on strict ethics reform, term limits and rebalancing of the Court with additional justices who appreciate judicial norms and ethics. The current crew of justices can no longer be relied upon to render fair, impartial — or timely — justice."

Jennifer Rubin's full Washington Post column is available at this link (subscription required).

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