The Atlantic

Jack Smith’s Daring Gambit

Donald Trump’s frivolous claim of absolute immunity looks to be heading to the Supreme Court, with massive consequences both for him and for the future of American democracy.
Source: Drew Angerer / Getty

Donald Trump’s trial on charges that he tried to overthrow the election will almost certainly not happen in March 2024, as many had hoped. If it doesn’t, Trump will have once again demonstrated that a commitment to due process is the Achilles’ heel of democracy. While democracy’s defenders play by the rules and the rule of law, Trump bends the law to his own purposes.

That is the only conclusion one can reasonably draw from the latest Special Counsel filing, which asks the Supreme Court to hear immediately Trump’s claim of absolute immunity from prosecution. The claim is nonsensical, and the Special Counsel’s request for Supreme Court review is understandable (indeed, even commendable), but once again, Trump has succeeded in weaponizing the judicial process to his own advantage, using the delay that comes with

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