In Wednesday evening’s episode of All In with Chris Hayes on MSNBC, Rachel Maddow shared her incisive perspective on the U.S. Supreme Court’s decision to effectively delay former President Donald Trump’s federal election obstruction trial concerning his attempts to overturn the 2020 election results.
The high court agreed to hear Trump’s appeal, asserting his position that he has presidential immunity from prosecution. Lower courts have rejected that claim. By taking the case, the Supreme Court indicates that it believes there could be more to decide. Maddow’s comments shed light on the broader implications of the court’s action, emphasizing the profound impact on the principles of accountability and the rule of law in the United States.
Maddow criticized the Supreme Court’s decision to entertain Trump’s claim of presidential immunity as “radical and dangerous,” warning that siding with Trump on this issue could signal to future presidents that they could evade accountability for their actions while in office. This move by the Supreme Court, Maddow argued, is not just about Trump but sets a concerning precedent for the accountability of future presidents, potentially signaling that they could commit crimes in office without fear of prosecution.
“The idea that they’re going to side with him on immunity is unthinkable. And also beside the point,” Maddow said, highlighting the possible tactical nature of the Supreme Court’s decision to delay the trial to protect Trump from facing legal consequences before the election.
“When you talk about the cravenness of the court, Chris, the cravenness of the court is evident in what they are doing with the pacing here, right,” Maddow said. “Putting this off for seven weeks, sitting on it for two weeks for no reason—obviously pushing all of the cases that they can push, pushing them to the point where Trump will be standing for election before any of us have heard the verdicts in any of those cases. Got it. It’s the timing.”
Maddow’s critique extended to the potential long-term consequences of the court’s decision. She suggested that if the Supreme Court ultimately sides with Trump’s immunity claim, it would send him and future presidents a message that they could disregard election results and cling to power indefinitely to avoid prosecution. “The conclusion that we can arrive at now based on what they have done without having to wait for the ruling is that they’re ensuring that Trump will not face trial,” Maddow emphasized. According to Maddow, this scenario could incentivize a president who voted out of office to refuse to leave, committing any necessary crimes to remain in power and avoid legal repercussions.
Trump has consistently asserted that he cannot be prosecuted for actions taken during his presidency, claiming broad presidential immunity. This controversial stance has been met with skepticism and outright rejection by several lower courts, which have dismissed the claim as lacking legal merit. Despite these setbacks, Trump has strategically sought to delay every legal proceeding against him, using this assertion of immunity as a central pillar of his defense strategy.
Maddow reflected on the Supreme Court’s handling of the immunity question itself. She pointed out the absurdity of the court considering this as an open question, given historical precedents and the clear implications of presidential pardons, such as Gerald Ford’s pardon of Richard Nixon. “The idea that this has to be taken up is them saying the sky is green,” Maddow remarked, criticizing the court for what she sees as a blatant disregard for established legal and historical norms. This, she argued, is a clear indication that the court is engaging in a deliberate delay tactic to aid Trump politically, undermining the court’s legitimacy and independence.
“I think even for the non-lawyers among us, to be able to say, you know what? The sky is not green even on our worst day,” Maddow said, adding, “This is B.S.”