Trump’s Trials and Tribulations: Mr. Smith Goes to the Supreme Court, not the D.C. Circuit

It's another edition of “Trump’s Trials and Tribulations,” recorded on Thursday before a live audience of Lawfare Material Supporters. This week, Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editor Roger Parloff, Lawfare Legal Fellow Anna Bower, and special guest Steve Vladeck from the University of Texas School of Law. They discussed Jack Smith's petition to the Supreme Court for a writ of certiorari “before judgment” on the question of presidential immunity. They talked about the Court's decision to weigh in on Fischer v. United States and the potential impact on Trump's criminal cases and the other Jan. 6 cases that involved the same statute. They talked about whether Trump's trial in D.C. will be delayed by the Supreme Court's consideration of the immunity question. They talked about the status of the civil suit by Georgia election workers against Rudy Giuliani, and they checked in to see what is new in Fulton County. This is a live conversation that happens online every Thursday at 4:00pm Eastern Time. If you would like to come join and ask a question, be sure to visit Lawfare’s Patreon account and become a Material Supporter.

[@scottmartin5492]

If Trump is convicted on an "insurrection-like" charge, but is not disqualified from the ballot and is in fact elected, is impeachment not available to Congress as a means to remedy the situation?

[@heatherc2939]

I like it. Like 5 minutes after he is in office. BUT, he will not win, no fear.

[@arlenewipfler5475]

@@heatherc2939God I hope you are right! Trump being elected is a catastrophe that would destroy this country and go a long way to destroying the international order.

[@HD46409]

Why should we assume that 1. an "insurrection like" charge effectively overlaps the 14A Sec 3 conduct and 2. that the standard of proof is "beyond a reasonable doubt." Disqualification is not a deprivation of life or liberty where the most strict due process standards would apply. If I didn't think SCOTUS was going to do everything it could to punt this issue (e.g., if this was a case about a county commissioner that no one cared about), I would suspect that they would come down to a civil hearing in Federal court with a more likely than not standard.