'Trump’s dream scenario': Legal expert says immunity case delay is 'most dangerous thing' SCOTUS can do

U.S. Supreme Court Justice Amy Coney Barrett with Chief Justice John Roberts and her husband Jesse M. Barrett in 2020 (Creative Commons)

Although Donald Trump was found guilty on 34 criminal counts in Manhattan District Attorney Alvin Bragg Jr.'s hush money/falsified business records case and is scheduled for sentencing on July 11, the three other criminal indictments against him appear unlikely to go to go to trial before the presidential election in November.

Attorney and Never Trump conservative George Conway, during a Thursday, June 6 appearance on "The Daily Show," told host Ronny Chieng there is an "outside shot" that special counsel Jack Smith's election interference case against Trump could go to trial in September or October — depending on what the U.S. Supreme Court has to say about Trump's presidential immunity claims, and when. But Conway doesn't think it's likely.

In an op-ed published by The Hill on June 7, attorney Chris Truax is highly critical of the way the High Court has been handling that case and Trump's immunity argument. The justices, Truax warns, are doing the U.S. a major disservice by holding up the case.

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"This is Trump's dream scenario," Truax laments. "His goal all along has been to do delay this trial until after the election when, if he is elected president, he can make the case against himself disappear. Of course, every member of the Supreme Court is aware of this."

Truax continues, "They are also aware that the worst possible scenario for the Court's prestige and moral authority would be to delay Trump's trial on charges that he engaged in a criminal conspiracy to overturn the 2020 election and install himself as president until after he had another shot at getting himself elected. Resolving those charges once and for all, so that voters know how much weight to give them, is the opposite of election interference."

The attorney stresses that for the High Court, "kicking the can down the road" with Smith's case "is just as political as making a clear decision now."

"Whether the Court likes it or not," Truax argues, "there is no escaping the politics in Trump's immunity case. Pretending otherwise is the most political — and dangerous — thing the Court could possibly do."

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Chris Truax's full op-ed for The Hill is available at this link.

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