Don’t like the Supreme Court’s immunity ruling? Blame Merrick Garland.

Left: Chief Justice John G. Roberts Jr. in D.C. on Oct. 1, 2021 ; right: Attorney General Merrick Garland in D.C. on Thursday. It’s almost hard to believe how comprehensively the hubris and zealotry of anti-Donald Trump lawfare has blown up in its practitioners’ faces.

Instead, he relied on tenuous legal theories to authorize one of the most momentous prosecutions in American history. The reliance on such theories to prosecute a president’s official acts did not sit well with the justices. Roberts’s opinion observes: “Section 371 — which has been charged in this case — is a broadly worded criminal statute that can cover ‘any conspiracy for the purpose of impairing, obstructing or defeating the lawful function of any department of Government.

Finally, there was the prosecution’s rush to try Trump before the 2024 election. Starting in late 2023, Smith began to strongly signal that, telling the Supreme Court that the “public interest in this case requires immediate resolution of the immunity question to permit the trial to occur on an appropriate timetable.”

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