Joe Biden’s hopes of the courts and weaponized Justice Department saving his bacon in November suffered a severe blow.
What just happened has Democrats in panic mode.
And the Supreme Court slapped Joe Biden with this really bad news.
All the so-called “legal experts” on cable news and social media predicted the Supreme Court would swiftly dispatch Donald Trump’s claim he had presidential immunity from the charges Joe Biden prosecutor Jack Smith indicted him on relating to the 2020 election.
But once oral arguments began in the Trump immunity case, Democrats realized they made a massive miscalculation.
The conservative justices realized what was at stake here.
Justices Samuel Alito and Brett Kavanaugh hinted they were likely to throw out some of the charges Smith brought against Trump since they related to official acts in office.
The 1982 Supreme Court case of Nixon v. Fitzgerald established the precedent that presidents have immunity from civil suits as long as the conduct in question falls within the outer perimeter of the president’s official duties.
Not only did Chief Justice John Roberts – often a swing vote – sound like he was ready to establish a similar immunity test for the president on criminal prosecution, but he also sounded amenable to sending the case back to the district court for hearings on if Trump’s conduct fell within the bounds of whatever immunity standard the justices came up with.
“They said that there is no reason to worry because the prosecutor will act in good faith and there is no reason to worry because a grand jury will have returned the indictment,” Roberts stated.
“Now, you know how easy it is in many cases for a prosecutor to get a grand jury to bring an indictment and reliance on the good faith of the prosecutor may not be enough in some cases, I‘m not suggesting here, so if it’s tautological, if those are the only protections the court gave that is no longer your position, you are not defending that position, why shouldn‘t we send it back to the court of appeals or issue an opinion making clear that that’s not the law?” Roberts added.
The Court remanding the case back to the district court for hearings on if Smith’s charges ran afoul of presidential immunity will also open up avenues of pretrial appeal for Trump to the circuit court and the Supreme Court if he loses.
That timeline guarantees that Jack Smith can’t stage a rigged show trial against Trump in D.C. – where a conviction is assured – before Election Day.
And if Joe Biden can’t get a jury to convict Trump before the election, he loses his best chance to swing the race in his favor.
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