Below is my column in The Messenger on the Supreme Court’s rejection of the motion by Special Counsel Jack Smith to curtail the appellate review of Donald Trump’s claim of immunity. While denounced by many in the media, it was not just a predictable but principled decision to stick with regular order in the consideration of such appellate issues. For too many legal experts, Trump offers the release of rage and the ability to adopt of the same dismissive, cavalier attitude of others when it comes to legal rights.
Long civil libertarians can experience the momentary freedom from the confines of blind justice and due process. They can just vent and demand abridged appeals for a presumed guilty defendant. They can embrace broad interpretations of criminal provisions and narrow interpretations of constitutional rights. Years of circumscribed restraint can be set aside for a cathartic demand for disqualification and incarceration. The Supreme Court, however, resisted such demands in a decision that declined to create a fast-track to favor the Special Counsel.
Here is the column:
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