Now that the Supreme Court has, intentionally or inadvertently, aligned with those seeking to delay the trial of Donald Trump, on charges stemming from the January 6th insurrection, until after the election, it is time to consider other potential consequences.
If Trump wins the election he will either direct his attorney-general to dismiss the case or attempt to pardon himself. Should Trump adopt the first alternative, I believe the judge before whom the case is pending has the authority, indeed, the duty to reject such a result as contrary to the public interest. Rule 48 of the Federal Rules of Criminal Procedure provides that a pending criminal case may be dismissed by the prosecutor “ on leave of the court “. Case law makes it clear that the judge should deny such a motion if dismissing the case would be unjust or is not in the public interest. Clearly, a self-directed dismissal of the charges against Trump would be a manifest injustice.Whether Trump can pardon himself raises legal issues which remain to be resolved. Can we be confident that this Supreme Court will not sanction such an undemocratic exercise of self-interest?
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