Stephen Colbert isn’t a huge fan of the Supreme Court’s actions Wednesday to delay Donald Trump’s election interference trial, and in a blistering commentary during his monologue on Thursday’s “The Late Show,” Colbert delivered a harsh verdict.
“I am hereby declaring the Supreme Court unconstitutional,” Colbert said, following an explanation of the situation that included the bleak observation that it’s “kind of weird that SCOTUS feels the need to consider whether or not laws exist.” Watch the full monologue at the top of the page right now.
We all know what day it is. It’s Leap Day, a magical 24 hour period that every four years emerges from the mist like Brigadoon,” Colbert said at the start. “For that one magical day you can do anything you want, because no laws apply, evidently, according to the Supreme Court.”
“Because this morning when I excitedly ran down open my leaf presents under the time tree I found out, the Supreme Court has decided to hear Trump’s immunity claim further delaying his January 6 trial in the landmark case, ‘the people versus do laws matter, seriously, what is going on, justice deferred is justice gutted like a fish and thrown into the river for chum,” Colbert added.
Colbert then summarized the situation for his audience — which we’ll do as well. Last fall, Trump’s defense in the criminal trial over his attempts to overthrow the government on Jan. 6, 2021, advanced the unconstitutional argument that U.S. presidents have total legal immunity from all criminal acts. And, as Colbert reminded his audience, this applies even if a president literally murdered political opponents.
The trial was delayed in order to address this argument, and so in December, special counsel Jack Smith attempted to fast track the matter to SCOTUS. The court very quickly denied that request without explaining why. Then on Feb. 6, a federal appeals court firmly rejected the argument, a decision Trump’s lawyers appealed to SCOTUS.
After taking nearly all month to say anything, on Wednesday SCOTUS announced it will hear arguments on the matter on April 22. As Legal experts and critics of the court’s right-wing majority have explained, the notion of full immunity for presidents has no basis in law or American history, and the Supreme Court’s actions appear to be nothing more than an effort to help delay Trump’s criminal trials until after the 2024 election.
“That makes it a total of 19 weeks of delays” in the insurrection trial, Colbert pointed out. “These proceedings have been frozen for so long, they legally count as children in Alabama.”
“This is not a tough call, folks. The appeals court ruled three zero against Trump’s claim that presidents have total immunity from prosecution
“This is not a tough call, folks. The appeals court ruled three zero against Trump’s claim that presidents have total immunity from prosecution,” Colbert explained, adding, “kind of weird that SCOTUS feels the need to consider whether or not laws exist.”
But Colbert found some levity in the delay, noting that the fact “the trial could now be delayed until late September or October, plunging the proceedings into the heart of the election” would be “terrible news for democracy. But fantastic news for television.”
“All of the plotlines will come together at once for the thrilling conclusion of America. You’ve got the trial of the century, alongside the most important election of our lifetime, followed by the season two premiere of ‘Tracker,’” Colbert said, that last bit a reference to a new, heavily advertised CBS drama.
“Now I wonder if the justices, I really do sincerely wonder if these justices, specifically John Roberts, realize just how damaging to the court’s legacy their stalling over this urgent threat to our democracy is,” Colbert continued. “And that legacy doesn’t have far to fall at this point. In one poll, just 18% of Americans said they have a great deal of confidence in the court.”
“The Supreme Court gains all of its legitimacy, and all of its power, from public approval. They don’t have an army or a police force, or apparently an HR department. They have to rely on moral authority,” Colbert continued. But they have abdicated that moral authority, which is why tonight, using the power vested in me as a late night host, I am hereby declaring the Supreme Court unconstitutional.”
“I don’t make this decision lightly,” Colbert said. “Their decisions are henceforth null and void because they are poopoo heads and completely divorced from what the people they serve want, and divorced from reality.”
You can, as we said, watch the full monologue above now.