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Where in the actual fuck is the D.C. Circuit’s ruling in the election interference case against Donald Trump? You’ll recall it was early January when they heard arguments on the laughably bad argument that Trump has absolute immunity for anything. And yet. No decision. This is becoming a real problem. Even if he loses, which, again, the legal argument is hot garbage so he really *should,* he’ll appeal to the Supreme Court. This process will take a lot of time, and the underlying trial won’t get started until it’s all done.
Frankly, that’s a win for the presidential candidate.
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And that’s because if the trial is not done by the election and Trump wins… well. We’re looking at some combination of pardoning himself or directing the Department of Justice to stop the prosecution.
And former acting Solicitor General/Hogan Lovell’s partner Neal Katyal is here to tell us it is officially time to be in “freakout” mode about it. He appeared on Jen Psaki’s MSNBC show to sound the alarm.
“I am officially now at the freakout stage. I’ve resisted that for a long time,” Katyal told MSNBC’s Jen Psaki.
“You don’t typically freak out so that’s important,” Psaki acknowledged.
“I think we’re now at the point, to use a different legal phrase, that ‘justice delayed is justice denied,’” Katyal responded. “I can’t imagine a more compelling need for speed than the idea that American citizens deserve to know before the election whether a candidate for office is a felon and an insurrectionist. And it’s even more galling to me because this is an easy case. There is no responsible constitutional scholar who thinks Donald Trump is right, that there is absolute immunity.”
He added, “This is a real problem.”
And he’s not the only one. Andrew Weissmann, a former federal prosecutor and NYU Law professor, is “in violent agreement” with the sentiment. Yikes.
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Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Mastodon @[email protected].