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The Supremes allowed Trump’s appeal against Judge Chastin’s opinion on presidential immunity to remain with the Circuit Court panel. When Trump loses there, he will petition for en banc review, which is discretionary. Whether he gets it or not his next move to delay trial until too late too keep him out of return to power is a petition for certiorari to the Supreme Court, which is also discretionary.
My hope is that the Justices realize that if Trump returns to office he will never leave or ever respect any court decision, including their own, unless it serves his ends or the ends of his cabal members taking it upon themselves to decide in his name. Very little can actually reach the ears of a personality so self-absorbed as Trump. I can understand if they wish to hedge their preference that they not become a decorative appendage to the Executive Branch by avoiding having to pronounce that as president Trump would not be immune from prosecutions brought after leaving office. If Trump reaches the White House over the ruling of the Circuit Court left standing by the Supremes, that would at least be a sin of omission and less likely to attract revenge than an affirmative decision.
If a majority were eager to create a doctrine of absolute presidential immunity and to push the criminal boundary case to the “utter limits” of the office, as Trump requests, it is not clear why they just turned down an opportunity to do so immediately to prevent what would become unnecessary trial dramas during the election.
May that be the truth in pectore.
