The Supreme Court has refused to conduct an expedited review of Trump’s ludicrous immunity defense. That means his March trial is likely to be postponed until the bulk of the primary season is over. Here are my observations on the issue:
- Obviously, this will help Trump win the nomination. What it means for the general election is unclear.
- DeSantis may decide to stay in the race even after a Florida humiliation in the hope that things will change after a trial. That probably helps Trump, too, by keeping his opposition divided.
- If Trump really believed in his innocence, he would be demanding a quick trial. The fact that he is playing stall ball speaks for itself.
- Trump’s defenses can be evaluated without a record, so the usual reason for rejecting an expedited process does not apply here. Is the Supreme Court simply trying to avoid dealing with a hot potato until it has no choice, or is it actively attempting to assist Trump? We don’t know the answer to that yet.
- Trump will be demanding an expedited review of the Colorado Supreme Court decision on the Fourteenth Amendment issue while he is stalling on the criminal defenses. Will the Court find that the public interest attached to keeping him on the ballot is so strong that it will grant his request? If it does, and I think it will, how will it justify bending the rules for Trump, but not the DOJ and the electorate as a whole?