This is taking way too long. That’s what everybody is saying, and they’re right. It is taking way too long, the Supreme Court has had the filing responses for almost two weeks now.

Now cast your mind back a month. This is exactly what everybody was saying about the amount of time it took the DC Appellate court to rule on what seemed like a slam dunk. Even career pros like former US Solicitor General Neal Katyal admitted to butterflies in his stomach from the delay.

All for naught. There was no dissension. The three judges were in perfect harmony, and spent the extra time writing a bulletproof riling that was a law school master class on legal opinions. And here we go again.

Remember one thing. Traitor Tot didn’t appeal the DC Appellate courts ruling. Instead he asked for a stay on the ruling to keep his case from being returned to Judge Chutkan’s court for trial while he considers how and whether to appeal the ruling. Which is a whole ‘nother kettle of fish.

This is a truly unique set of legal circumstances where everybody has a vested self interest, all bound together by one common denominator. Desperation;

  • Trump is desperate to delay any federal criminal trials until after November. The longer that the court delays in something as simple as ruling on a stay motion only plays into his hands
  • Special Counsel Jack Smith is equally desperate to get this train back on the tracks, with a proposed court date of late April to mid May, well before the general election
  • Judge Chutkan is desperate for some kind of concrete guidance from above so that she can set her court schedule and ensure a fair and speedy trial
  • And the Supreme Court is desperate to weigh in on this case once and for all, especially since El Pendejo Presidente filed a motion to dismiss in the Florida documents case based on absolute immunity

The problem that the Supreme Court has, and it bleeds over onto everybody else, is that the Trump legal team isn’t asking the Supreme Court to weigh in on the validity of the appellate court’s ruling. All the Trump team is asking for is a judicial stay on the appellate court’s ruling while they consider whether or not to appeal. And as far as my limited research has shown, this leaves the Supreme court with only three options;

  • The court can issue the stay, and set a court schedule for paper filing of arguments, followed by an actual oral argument date. The court can move quickly on this if it desires. Note when the Trump team filed the motion for a stay, the court only allowed each side five days to submit their arguments, and the Trump team three days for a final rebuttal filing. So it can go quickly
  • The court can simple decline to issue the stay, allowing the appellate court ruling to stand, and sending the case back down to Judge Chutkan for trial and disposal. In all honesty, I had thought this the most likely outcome, with the SCOTUS washing their hands of the whole thing until Trump filed the motion to dismiss in Florida, which will likely only draw them back into this in six more months
  • The Supreme Court could choose to submit a majority decision that affirms the ruling of the DC appellate court, making it precedent case law, making it legally binding. From what I’ve seen, it would be unprecedented for the court to actually overturn the ruling of the appellate court when it was not the issue on their plate. But the court in the past has chosen to simply affirm a lower court ruling, giving it the force of law

This is the judgement I fully expect the court to come out with sometime in the next two weeks. For a reason that deals with simple, irrefutable math. It only takes four Supreme Court justices to agree to schedule to hear a case. But when you’re asking for a stay, that requires five justices to concur.

If Trump had five tame lap puppy justices, they would have granted the stay while they scheduled to consider the case more than a week ago! The judicial requirement for granting a stay is a reasonable expectation that the filer can win on appeal. If Trump had the five, he’d already have his stay. He doesn’t have them, and he can’t get them. And if he can’t get to five, then he can’t win.

The only question I have is whether or not Justice Gorsuch will choose to burnish his judicial whore street creds and side with the corruption twins, Alito and Thomas, making it 6-3, or if he sides with the angels, making it 7-2.

Which means that somebody on the side of the angels will write a majority opinion that highlights the strengths of the appellate ruling, and affirms that is correct and now judicial precedent. From where I’m sitting, the only reason for this extra step is to protect themselves from that judicial imbecile Aileen Cannon from siding with Trump, only for the 11th Circuit Appellate court to slap her down, bringing this mess back to their doorstep again. Judicial precedent doesn’t stop Cannon for rolling over for a tummy scratching, but an overturn by the 11th circuit would preclude it from having to go back before the Supreme Court again.

Yes, the delay is frustrating. But I’ve tried looking at this logically and dispassionately from every angle I could. And Trump doesn’t have five votes on the Supreme Court. If he did, he’d already have his stay. And if he can’t get to five, then holding the hearing is an execise in futility. This option allows the Supreme Court to put their fingerprint on the ultimate ruling on absolute immunity, and also avoid having to go through this bullsh*t six months from now. Patience, Grasshopper, patience.

I thank you for the privilege of your time.

Help keep the site running, consider supporting.


    • Murf, as those of us who spend time on this site know suffers from quite severe glaucoma and typos are par for the course with him. When I can I go in and correct them but sometimes not right away. I simply can’t be here every hour of every day. Might I respectfully ask that you cut him a little slack. Both in days past on another site and here he has had a significant following. He writes articles people want to learn more about, or enjoy reading when he uses his keyboard to poke some fun at actual idiots.

    • And you are a very crass person. Those of us who visit this site regularly know Murf has glaucoma and make allowances for it. If you can be polite feel free to not read.

  1. Another possible option would be for the SC to rule narrowly on the immunity issue, saying it is only immunity for the charges in the J6 indictment, and let Loose Cannon do this all over again on the National Security/Documents case.

    Footnote 14, page 50 of the Appellate Court’s ruling:

    14 Because we conclude that former President Trump is not entitled to categorical immunity from criminal liability for assertedly “official” acts, it is unnecessary to explore whether executive immunity, if it applied here, would encompass his expansive definition of “official acts.”

    They concluded his “acts” under this indictment were not official.

    Doesn’t really answer “absolute” at all, does it?

  2. Form vs. Content; you only wish you could articulate these issues as well as the Murfster does. His viewpoints are very interesting while you gripe about some typos. I’m sure glad you are so letter perfect that you’ve never made errors in your grammer.

  3. Murfster has severe glaucoma which makes proofreading nearly impossible. And, by the way, you can be very intelligent and still not spell well. I have a good friend who was in the first class of women undergraduates at Yale.,but she was a terrible speller.

    FYI, I am a professional author. I type badly. I have also had correct spellings “corrected” by Spellchecker after I hit post.

    Do us a favor, guy. Take your troll self somewhere else.


Please enter your comment!
Please enter your name here

The maximum upload file size: 128 MB. You can upload: image, audio, video, document, spreadsheet, interactive, text, archive, code, other. Links to YouTube, Facebook, Twitter and other services inserted in the comment text will be automatically embedded. Drop files here