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Currently before the court is the issue of presidential immunity.
This opinion will likely be issued in June, but the pundits are already reviewing previous opinions and law reviews to get an inkling of how this court will decide.
A 2009 review of Justice Kavanaugh has been making the rounds, and it is causing a wave of panic among Democrats and liberals.
He Said What?
When Kavanaugh wrote his review, he was looking at the overall picture of presidential immunity, so keep that in mind.
In part, he stated, “The point is not to put the President above the law or to eliminate checks on the President, but simply to defer litigation and investigations until the President is out of office.”
It continued, “If the President does something dastardly, the impeachment process is available.
“No single prosecutor, judge, or jury should be able to accomplish what the Constitution assigns to the Congress.
“Moreover, an impeached and removed President is still subject to criminal prosecution afterwards.”
Many on the left are now interpreting this as Kavanaugh leaning into blanket immunity, but that is not really what he was saying there.
There are a few opinions on this that I respect, and they all seem to point to the court sending this back to the lower courts to define the alleged crimes by Trump, then the court will decide whether immunity applies to those specific charges.
If that is the case, this issue is months from being decided, so don’t expect either of Jack Smith’s cases to see the inside of a courtroom anytime soon.
If the case is sent back to the lower courts, it would likely be months before we have a decision directly related to Trump’s case, which means Trump will have avoided having these cases impact the election.
