Senate Judiciary Committee Chairman Dick Durbin laid into the Supreme Court for taking up former President Donald Trump’s immunity case, accusing it of doing his bidding.
Durbin (D-Ill.), whose committee has scrutinized the high court on ethics, underscored that taking up the case for consideration could dramatically delay Trump’s forthcoming trial.
“I think that is a disappointment. I think the court has acted quickly in the past when they realized that the presidential timetable was at risk. I’m really concerned with what they’ve done,” Durbin told CNN’s “State of the Union” on Sunday.
Trump’s four-count criminal indictment for his alleged efforts to subvert the 2020 election was initially supposed to commence Monday, but his lawyers bought time with an appeal on presidential immunity grounds.
His attorneys are arguing that the case should be tossed out because Trump was fulfilling his obligations as president to protect the election, and therefore, is not liable for prosecution.
US District Judge Tanya Chutkan, who is overseeing the case, rejected those claims, as did a three-judge panel on the US Circuit Court of Appeals. The Supreme Court agreed to consider the case last week.
Notably, the high court appeared to leave Trump’s second contention out of consideration that the case should be tossed out due to double jeopardy because of his second impeachment.
Trump is widely believed to be trying to buy time. If he can delay the trial until after the election and reclaim the presidency, he will have more tools at his disposal to potentially nix the case.
His first trial is set to commence on March 25 for the 34-count case alleging he falsified documents to conceal hush money payments to multiple people including porn star Stormy Daniels in a bid to keep potentially damaging information quiet ahead of the 2016 election.
Durbin, 79, underscored his desire for the Supreme Court to move the Trump immunity case along expeditiously. The high court is set to hear the case on April 22. Trump appointed one-third of its current justices.
Since ProPublica published a number of pieces last year about undisclosed benefits Justice Clarence Thomas received throughout his tenure on the bench, Durbin has led the charge for strengthening ethics on the Supreme Court.
Last November, the high court rolled out a new code of conduct, but Durbin was dissatisfied and called for something with more teeth. He has vocally criticized the conservative-leaning court periodically.
When asked about whether Attorney General Merrick Garland moved too slowly on the Trump-related cases, Durbin demurred.
“I don’t know all the circumstances and of course when you prepare a case of this gravity, and this magnitude, you want to make certain that you’re you’re doing the right thing and that you have all the evidence it’s necessary,” he said.
In late 2022, Garland appointed special counsel Jack Smith to oversee the Justice Department’s two investigations into Trump — the 2020 election matter and the Mar-a-Lago classified document ordeal.
Smith indicted Trump on both matters and the 45th president has denied wrongdoing and pleaded not guilty to all charges. Trump is facing a grand total of 91 criminal counts spanning four cases.
Durbin also opined on the war in Israel, arguing that while the Jewish state has a right to defend itself, he wants the fighting to end to allow humanitarian aid for the Palestinians.
“Two things. One of them is short-term, and that is [to] push for the ceasefire and humanitarian response as quickly as possible,” Durbin said. “Secondly, we have to have a plan for ending this conflict.”
The war has created a rupture among progressives. President Biden, who has backed Israel, has sounded increasingly uncomfortable in public regarding the toll the war has taken on the Palestinians. He also faced a mini revolt last week from Michigan Democrats over his support of Israel.