There have now been 2 lawfare cases against Trump that have been allowed because the state of New York allows statute of limitations to be “extended” (one by a law specifically allowing E Jean Carrol to sue and one by a law that converted a misdemeanor to be resurrected as a felony).
Congress can’t pass laws that apply retroactively but can they do what NY did for E Jean Carrol? Can they temporarily allow 30-year-old crimes to be prosecuted now, in spite of the statute of limitations?
What date did the SoL run out? If it happened before the extension, legally, my argument would be that, in order to satisfy the 14th amendment, the extension would have had to happen before the Statute of Limitations on any particular crime ran out. You cannot constitutionally resurrect a crime that is dead.
Great Question! We will see how willing Republicans are to get in the trough with the Democrats. Sad, but we will see.