What DOJ should do about Trump’s Jan 6 prosecution after Supreme Court’s Fischer ruling

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Even though the Supreme Court has yet to issue its ruling on presidential immunity (expect it on Monday morning), Donald Trump may no longer need it to win. 

On Friday, the justices’ decision in Fischer v. United States squashed much of the Justice Department’s investigation into the former president’s involvement with the Jan. 6 riot at the Capitol. 

Even if the court on Monday holds presidents fully liable to federal prosecution after leaving office, President Biden and Attorney General Merrick Garland would be wise to shut down the special counsel investigation, blame its failures on the Supreme Court, and leave the question of Trump’s responsibility up to the people in November.

Former President Trump and Special Counsel Jack Smith (Getty Images)

On the legal question alone, Fischer v. United States was relatively simple and uncontroversial.

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