Our justice system is dedicated to the principle that no one is above the law, not even the president of the United States, much less a former president. Everyone should have his day in court, particularly the prosecutor in a criminal case. But there is no law that says that a criminal defendant must be tried at any particular time.

There are 91 damning felony counts against Donald Trump pending in four jurisdictions, but the outlook for a near-term trial date is not promising. With the clock running out, and the Supreme Court having no appetite for proceeding on Special Counsel Jack Smith’s timetable, it seems more likely than not that there will be no trial of Donald Trump in a federal court before the election.

It has been said that justice delayed is justice denied. And there is enough blame to go around. Sen. Mitch McConnell (R-Ky.) refused to convict Trump in the impeachment proceeding arising out of Jan. 6, and left criminal accountability to the Justice Department.

Trump’s strategy of delay has largely worked. Some of his success has been pure luck, as in drawing the Trump-friendly Judge Aileen Cannon in Florida; some in the uneven approach of the Supreme Court to the timeline; and some to the unexpected Fani Willis imbroglio. And, truth be told, blame may be laid at the feet of Attorney General Merrick Garland, who waited almost two years before appointing Smith to take charge of Jan. 6–related prosecutions.

Pundits are starting to throw in the towel. David Axelrod wrote........

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