The Corner

Law & the Courts

Law and Politics on a Collision Course

Jason Willick puts it plainly:

Smith’s insistence on indicting Trump over the 2020 election and trying him in the 2024 election year, combined with Republican voters’ insistence on making Trump their party’s presidential front-runner, has set up an inexorable clash between democratic politics and the law. There’s no fine-tuning it, no gentling of the legal and political processes to satisfy both. This is a head-on collision, and one or the other must yield.

Willick’s topic is the gag order Jack Smith is pursuing against Trump. The only thing I’d add to his analysis is that Smith isn’t just seeking to regulate the speech of a leading presidential candidate: He’s trying to stop that candidate from making what is now his central campaign argument.

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