Sleep Well Tonight, Don The Con. Tomorrow You Go Back To Being A Criminal Defendant

I stood like this, Ma (boxing position). but not for long!   Curly Howard   The 3 Stooges

Well, that freakin’ took long enough! Thanks to the feckless behavior of five ideological pendejos, something that could have been settled in February or March if the SCOTUS had taken Jack Smith’s request to skip the appellate court is now finally being resolved on July 1st.

I hope traitor Tot enjoyed his lengthy respite, because it’s the last one he’s ever going to get from the court pre trial. Norrmally pre trial motions are resolved by the district case judge. Period. If the defense disagrees, tough noogies, it can be a basis for appeal if the defendant loses. The only reason Trump got this delay was because he pulled a rabbit out of his ass. Trump claimed absolute presidential immunity for everything he did. Which begs the question, Why hold the trial if the end result is presidential immunity, making it a wasted exercise? So this time the system put the cart before the horse.

But that horse is about to keel over and breathe it’s last tomorrow. Because the horse was named absolute presidential immunity, and as Paul Simon likes to sing, It’s a one trick pony. It dies tomorrow morning when the Supreme court finally issues its ruling.

There are in reality four possible rulings that can come out of the Supreme Court tomorrow morning, although only two of them are realistic. I’ll start with heast likely, and work my way down from there;

• The court decided in favor of absolute presidential immunity. Im-freakin’-possible, for two good reasons. A) The liberal justices would never let the MAGAt’s put a crown on Trump’s pointy head, put a scepter in his hands, and install him on the throne at Mar-A-Slobo. B) If the runaway Roberts train was going to do that, they would have taken the case in January, and ruled by March, getting the monkey off of Trump’s back once and for all
• The next likely, but still slightly more possible ruling is a split decision. Thomas, Alito, Gorsuch and Roberts want to give Traitor Tot the keys to the kingdom. Sotomayor, Kagan, Jackson and Barrett want to fry his fat ass. Kavanaugh, wanting some form of limited immunity, cops a mope and refuses to vote at all. The 4-4 tie leaves the lower appellate ruling precedent law, and Trump goes to trial
• More likely, Roberts, Barrett and/or Kavanaugh join the liberals in flipping the petulant man child double barrel birds. Trump goes on trial in 88 days
• Most likely in my mind, Roberts, Barrett and Kavanaugh join with the liberals in some form of limited presidential immunity for certain official actions. As they proved with their split the baby in half ruling of the J6 rioters, the Roberts 2 year old’s have burned their fingers on the stove enough times now. They will keep the wording as narrow as possible, without actually citing any actual examples of categories of immunity

Full Disclosure! What follows is not  an actual text, real or allegedly real from the decision. Instead it is simply an example of how I think the relevant portion of the ruling may be worded, in quote form for ease of reading;

To be sure, there is no such entity, either in the Constitution, nor in case law for absolute presidential immunity. Presidents have gotten by for 248 years by discharging their duties using the Constitution, the laws of this country, and their good judgement and common sense, and never has a criminal charge been brought up against a sitting or former President. That doesn’t mean that an incident, such as then President Obama ordering the mission to execute the AMerican taliban to protect the country may not require immunity for a good faith decision. These issues would be decided on a case by Case basis at trial.

But here’s the most critical thing to remember. Other than giving El Pendejo Ex Presidente a dictatorship, all of the other decisions all end up back at the same place. The case is remanded back to district court Judge Tanya Chutkan for adjudication and trial. And this time His Lowness doesn’t get to pull the same rope-a-dope bullsh*t again.

Here’s why. As I wrote above, normally it is the trial judge that rules on the admissibility of charges and evidence, and the defense objects, and then uses unfavorable decisions as ground for appeal if they lose. Trump got a break this time due to the issue of absolute presidential immunity, but the Supreme Court is about to blow more holes in that one than an Alabama STOP sign.

Which means that any questions regarding limited immunity will be decided by Judge Chutkan. And if the ruling is written as narrowly as I think it will be to keep Roberts’s chestnuts out of the fire, then the defense will have to wait for a conviction before they can file a normal appeal on her ruling(s). I think that the Supreme court has already decided that it’s delayed justice long enough with this embarrassing farce.

And here’s the McGuffin. It might not take as long as you think. At the time that Trump filed his appeal before the DC Circuit, Chutkan was on an 88 day track to jury selection. But with the possibility that an ultimately negative ruling would mean no trial, she froze all pre-trial hearings, motions, and oral arguments. But a thumbs down ruling from the court would dump the case right back in her court again for trial.

And Judge Chutkan is already a bird of seriously ruffled plumage. She’s sick of Trump’s bullsh*t, she’s sick of his legal BS of nonsensical motions, and she’s sick of the appellate courts sticking their noses in her case. She has already stated that if the case lands back in her lap again, the next day the 88 day track to jury selection starts. Which would mean jury selection would start on September 28th. And according to earlier reporting, Judge Chuktan doesn’t give a fat rats ass about the electoral calendar, her court calendar comes first.

And Judge Chutkan has already proven that she’s no Cuddly Troll like Kindergarten Judge Aileen Cannon. Traditionally district court judges have dictatorial control of their court calendars. They and they alone know their trial schedule, and how to make all the pieces fit. And in remanding the case back to Judge Chutkan for disposal, the Supreme Court is once again restoring complete autonomy to the judge for her scheduling.

Think about this for a moment. 88 days. Wasn’t there some schlock like radioactive zombie movie by that name? Never mind. Ths point is that Judge Chutkan will issue a pre-trial hearing schedule, with a drop dead pre-trial motion deadline about three weeks before jury selection.

Of course Trump’s legal pound puppies will immediately file motions claiming that every charge that Jack Smith filed is covered under some nonsensical excuse of limited immunity. Just trying to throw sand in the gears, and delay the now inevitable.

It won’t work. Chutkan has 88 days, and she’ll use every one of them if she has to. She’s on a mission to prove that justice does move. Unlike Cannon, Count on Chutkan to rule on some of the more ridiculous motions right from the bench following oral arguments. For the at lease nominally serious motions, Chutkan will schedule a hearing, with expert witnesses as well as oral arguments. Since these will be public hearings, we’ll be deluged with reporting on all the previously unknown gold nuggets Smith uses in his arguments. And since absolute presidential immunity is no longer on the table, these are just normal pre-trial motions and rulings. That means no automatic pre-trial motions to appeal the rulings. Trump is her little puppy now.

This has been a long time coming, but it appears that federal justice for Traitor Tot may finally be here. Chutkan doesn’t work for the DOJ, or their 60 day rule. Besides, that only applies to announcements of new investigations or indictments, and Trump has been under federal indictment for more than a year now. And unless the Supreme Court does the unprecedented, and interferes in a district judge’s schedule by delaying the start of the trial until after the election, then they’re already tacitly on board with her schedule. We’ll know in about 13 hours or so. Fingers crossed.

I thank you for the privilege of your time.

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