As we wait to see if the Supreme Court will grant Donald Trump another delay in his criminal trial for obstruction of Congress, it is important to remember that Trump may succeed in pushing off proceedings until he can be reelected because of the slow-moving failure of a prosecutor who is otherwise known as Merrick Garland. As we digest the likely Supreme Court ruling that Trump is eligible to stay on the ballot in Colorado and other states—despite the 14th Amendment’s prohibition against insurrectionists holding office—it’s important to remember that Garland never charged Trump with “sedition” or “treason” or any offense that would have made the court’s protection of Trump a little harder to square with the Constitution.
