Albert W. Alschuler (University of Chicago Law School) has posted The Justice Department's Reluctance to Prosecute, the Special Counsel's Regrettable Choices, and the Supreme Court's Unfortunate Immunity Decision: A History on SSRN. Here is the abstract:
This Article examines Attorney General Merrick Garland’s initial reluctance to prosecute Donald Trump for the crimes of January 6, Special Counsel Jack Smith’s decision not to charge Trump with aiding an insurrection, the Special Counsel’s misconceived argument that some constitutional provisions entitle presidents to commit serious crimes without sanction, the Supreme Court’s lack of jurisdiction to hear Trump’s appeal, the Court’s erroneous treatment of the methods and means of Trump’s conspiracy as though they were crimes themselves, the resulting failure of the Court to address the issues that Trump’s case presented, and the defects of the Court’s framework for analyzing immunity issues. The Article also considers the possible effects of the Court’s ruling on Trump’s conduct during his second term as president and on American life generally.
Highly recommended.