. The decision virtually guarantees that special counsel Jack Smith’s Jan. 6 case against the former president won’t move to trial before the election. Yet the implications are much bigger than Mr. Trump. More important — and more alarming — are the potential long-term consequences that could persist well after Mr. Trump is gone.
The immediate consequence has to do with the Trump trial timeline: The Supreme Court has instructed District Court Judge Tanya S. Chutkan, who is presiding over Mr. Trump’s election interference case, to determine which of the charges in the Justice Department’s indictment concern official versus unofficial acts — and, therefore, which remain valid grounds for prosecuting the former president. Even if she moves quickly, Mr.
Was Richard M. Nixon right, then, when he said, “When the president does it, that means it’s not illegal?” Well, not quite. Grave warnings aside, the sky has not yet fallen, even if a sizable chunk of it might be missing. Ex-presidents can still conceivably be punished for those official acts that don’t relate to a president’s core responsibilities — if prosecutors can convincingly argue that punishment wouldn’t hinder a vigorous executive branch.
So it is up to the courts, including the highest in the land, to ensure the nightmare scenarios the critics have dreamed up do not manifest. The trouble is, this week’s opinion invites presidents to push the boundaries.
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