In an unanticipated move, Jack Smith Special Prosecutor, moved the US Supreme Court to grant certiorari in the Jan 6th case. It was a wise move to cut off the endless delay tactics employed by Don 'Legit'. Smith asked the court to consider the issues of double jeopardy and immunity from prosecutions for criminal acts committed while in office. The conservative court voted to consider the government's petition. Argument of double jeopardy is unlikely to succeed since an impeachment and Senate trial for much the same criminal activity does not count as 'jeopardy' in the legal sense. The immunity claim is slightly more consequential, but informed pundits think there is at least a five vote majority against the proposition of instilling the divine right of kings in an elected leader of a republic. See Article I, Section 3, Clause 7 of the US Constitution.*
Not to be outdone, MAGAists like Justice Clarence Thomas countered by granting certiorari on Wednesday in the case of United States v. Fischer. Defendant Fischer, a former police officer, participated in the Capitol attack. He was charged with, among other offenses, obstructing an official proceeding--the counting of electoral votes. There is evidence that Don Trumpilini intended the violent riot to disrupt the counting procedure long enough to convince poltical supporters to reject duly qualified electors and throw the election into the US House of Representatives where his party has a numerical advantage. The Court wants to examine the application of the obstruction statute in Fischer's circumstances. This concern does not bode well for Jack Smith's case against the former President, who is also charged with obstruction. More indications the highest Court has become a partisan political institution.
In New York, the civil fraud case against Don 'Legit" is coming to a close. The defense rested this week without calling the compulsive liar to the stand. Trumpilini ridiculously claimed that he could not testify because of the gag order imposed upon him and re-instated on appeal.The state expects to call only a few rebuttal witnesses. The only issues before Judge Engoron relate to damage recovery for his persistent fraud.
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| credit: A. Telanaes, Washington Post |
* Justice Brent Kavanaugh, a Trump appointee, wrote a law review article as a student attending Yale Law School. In it he concluded that the framers contemplated the possibility of prosecuting a former president for crimes committed while in office.