Justice Delayed Is Justice Denied: Jack Smith, ICE, and the Cost of Waiting
Guest article by Dina Doll
Jack Smith’s testimony today was both inspiring and painful to hear. He spoke clearly and forcefully about the rule of law and the vast body of evidence showing former President Trump’s efforts to incite an insurrection and overturn the 2020 election. Yet the fact that it took Merrick Garland nearly two years before appointing him serves as a reminder that justice delayed is justice denied.
That truth was impossible to ignore today as special counsel Jack Smith testified before Congress, defending the work he was appointed to do nearly two years after Trump incited the insurrection on January 6, 2021. His appointment came far too late to protect our democracy from Trump because the delay meant that the two indictments he secured against Trump never went to trial.
It was this delay, and not the Supreme Court that saved Trump. As awful as the immunity ruling was, the Court ruled that presidents have absolute criminal immunity only for Article II acts, as for a president’s other official conduct or private conduct that was still fair game. In fact, in a civil case brought by Capitol officers and others against Trump, the D.C. Court of Appeals had already allowed the civil lawsuit to proceed, finding that the plaintiffs had made a prima facie argument that Trump’s speech on January 6 was a private campaign speech because the rally was paid for with campaign money. Smith himself proceeded with his indictments against Trump even after the Court’s immunity decision; he just revised them accordingly. The real problem was timing. By the time the legal questions, all foreseeable, were resolved, the election was around the corner and Trump was elected. We have all suffered as a result.
Smith’s testimony was heartening in one sense. It showed there are good people within the justice system who insist on facts, evidence, and the principle that no one is above the law. But there was also a sobering sadness. Even good, important work from the best people can come too late.
https://www.meidasplus.com/p/justice-delayed-is-justice-denied
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