Donald Trump complained about “two systems of justice” when asked at a National Association of Black Journalists panel discussion about his support for Jan. 6 defendants. But to the extent that those criminal defendants (including Trump) have been treated differently, they’ve fared better than the average defendant on multiple fronts.
Take their Supreme Court success, for example. As we know, the court recently bestowed broad criminal immunity on former presidents, which happens to help the GOP presidential nominee in his own criminal cases. In another appeal this past term, the court narrowed obstruction charges for Jan. 6 defendants. The justices didn’t have to intervene in either dispute — indeed, they reject most appeals — much less rule how they did.
On top of help from the justices, journalist Radley Balko observed that Jan. 6 defendants have been largely at liberty before trial, with the courts being “far more likely to release Capitol rioters pre-trial than other defendants.”
There’s also the special treatment that Trump has vowed to apply on the back end of the criminal process if he returns to the White House.
There’s also the special treatment that Trump has vowed to apply on the back end of the criminal process if he returns to the White House. He said Wednesday that he would “absolutely” pardon Jan. 6 defendants “if they’re innocent.” Likewise, if he wins in November, Trump may also attempt a legally untested self-pardon, though he may more likely have his newly installed attorney general dismiss his two federal cases; presidents can’t pardon people for state charges. (Trump has pleaded not guilty in all four of his criminal cases and was found guilty in the one case that has gone to trial so far, in New York.)
That’s saying nothing of any revenge he would seek to exact if he regains power, something that would solidify a two-tiered justice system — but not how he meant. Subscribe to the Deadline: Legal Newsletter for updates and expert analysis on the top legal stories. The newsletter will return to its regular weekly schedule when the Supreme Court’s next term kicks off in October.
Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro," a book about the secret war on synthetic drugs. Before he joined MS NOW, he was a legal reporter for Bloomberg Law.
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