Shocker From Top Conservative Judge: Trump Likely To Skate Completely

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SCOTUS FAIL

Shocker From Top Conservative Judge: Trump Likely To Skate Completely

J. Michael Luttig sees two potential outcomes from Thursday’s Supreme Court arguments. Both are grim for our democracy.

Greg Sargent
April 27, 2024

“I’m profoundly disturbed about the apparent direction of the court,” J. Michael Luttig told me. “I now believe that it is unlikely Trump will ever be tried for the crimes he committed in attempting to overturn the 2020 election.” … I called Luttig, a former federal judge with extensive conservative credentials, to solicit his reaction to this week’s Supreme Court hearing over Donald Trump’s demand for absolute immunity from prosecution for any crimes related to his insurrection attempt. On Thursday, Luttig posted a thread critiquing the right-wing justices for their apparent openness to Trump’s arguments—but that thread was legalistic and formal, so I figured Luttig had a lot more to say.

And did he ever. Luttig lacerated the right-wing justices for harboring a “radical vision” of the American presidency, and pronounced himself “gravely” worried that Trump will never face accountability for alleged crimes committed in attempting to destroy U.S. democracy through extensive procedural corruption and the naked incitement of mob violence. … Luttig’s fear that Trump may very well skate centers on the lines of questioning from the court’s right-wing majority about Special Counsel Jack Smith’s ongoing prosecution of Trump. As many observers noted, those justices appeared largely uninterested in the question before them—whether Trump’s alleged crimes related to the insurrection constituted official presidential acts that are immune from prosecution after leaving office.

Instead, the justices dwelled on the supposed future consequences of prosecuting presidents for crimes, and seemed to want to place some limits on that eventuality. That suggests the justices will kick the case back to lower courts to determine whether some definition of official presidential acts must be protected (and whether Trump’s specific acts qualify). … Such a move would almost certainly push Trump’s trial until after the election, and if he wins, he can simply cancel prosecutions of himself. Luttig fears that outcome. But he also worries that even if Trump loses the election, there may well be five Supreme Court votes for siding with Trump’s demand for immunity. Both outcomes would functionally end his prosecution.

“I believe it is now likely either that Trump will get elected and instruct his attorney general to drop the charges, or that the Supreme Court will grant him immunity from prosecution,” Luttig told me.

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