So the DC Circuit doesn’t think that a United States President has the right to kill a political opponent and his/her family on a whim and get away with it because of a concept of total presidential immunity. And it seems clear as can be that the Circuit, voting en banc, will not decide otherwise. So, then the question would be whether the Supreme Court would take the case and, if so, what would they decide? Most pundits (including those who went to law school, which is about all of them) think that the Supreme Court will not take the case at all.

This would mean that the insurrection lawsuit in DC could go forward. Let’s put aside the question of what punishment would be appropriate if DJT is convicted. Let’s look at the question of how this would affect the 2024 presidential race.

As I understand it, as this is a criminal trial, the procedures are very different from the E. Jean case, or tomorrow’s argument in the Supreme Court as to whether or not Trump can/has to appear on the ballot in Colorado. In those cases, Trump can come to the proceedings or he can ignore them. I don’t think that’s the case in the criminal trial. In the criminal trial, Trump has to be in the courtroom. So, if this trial starts in, say, May and lasts 4-6 weeks as anticipated by many, Trump would be limited from campaigning in daylight hours. How would this work out?

I understand that the Supreme Court argument about whether Trump will or will not appear on the Colorado ballot will be broadcast live tomorrow (but of course not televised), and it will be interesting to be sure. I have certainly heard a lot about the issues (is the president an “officer” of the United States, who decides if he was engaged in “insurrection”, what is an “insurrection”, what does “engaged” mean, etc.), and I have no idea what the Court will decide, or when it will decide it.

But there are some things I have been thinking about, which I am sure others have as well, but which I have not heard about or read about. For one example – if the Court decides (for whatever reason) that Trump cannot be on the ballot in Colorado, does that automatically exclude him from all states, or can one state decide he was engaged in insurrection, and others say differently. In other words, if one states says that someone is not eligible, can he still become the president of a country in which that state is a state? And, can the Supreme Court leave it to the decision of/whim of a state supreme court (in this case the Colorado Supreme Court), even though the conduct has taken place outside of the state?

Another question is whether someone has to be actually convicted of an insurrection-like crime before they can be kept out of office. If Trump is convicted of insurrection in the DC case, a week before the election, will votes for him be nullified? Or better yet, if he wins the election and is inaugurated, and then is found guilty of insurrection, is he automatically out of a job?

These are all questions that I can’t answer because they are above my pay grade. But in truth, are they within anyone’s pay grade?

This would all be so interesting if it were part of a Netflix series, wouldn’t it? Okay, maybe it wouldn’t be. 

So, let’s call it a day, since it’s almost evening here. We will skip the strange goings on with the GOP failure to impeach the Homeland Security Secretary, and with the GOP’s failure (House and Senate) to get behind immigration reform. Now, let’s see what the Senate does on the Democrat’s Ukraine/Israel without the Border bill. I assume it won’t get 60 votes, so it will just be business as normal.

So long for today. Until we meet again. Happy Trails. That’s all, folks.