It’s up to the American people to prevent the next President of the United States from being selected by nine members of a court that is at the heart what has been a slow motion coup.
That’s the clear message from the decision by the Supreme Court to slow walk Donald Trump’s claim of absolute immunity, leaving the possibility that the man who takes the oath of office on January 20, 2025 will be able to finish what he started on January 6, 2021.
That the “high court” needs to weigh in at this moment of time in an ongoing effort to impose the will of a minority who believe the Enormous Lie that Joe Biden stole the presidency is in fact debatable.
The Circuit Court for the District of Columbia, often regarded as the nation’s second- highest court, in an unequivocal and uanimous ruling in January declared that no one is above the law.
“For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant,” the panel wrote. “But any executive immunity that may have protected him while he served as president no longer protects him against this prosecution.”
In further explanation, the panel which included a judge appointed by George H.W. Bush declared:
“His reading would prohibit the Executive Branch from prosecuting current and former civil officers for crimes committed while in office, unless the Congress first impeached and convicted them,” the panel said. “No court has previously imposed such an irrational ‘impeachment first’ constraint on the criminal prosecution of federal officials.”
At the very least, legal experts noted, the Supreme Court could have agreed to hear the case but allow Judge Tanya Chutkan to proceed with preparations for a trial she originally scheduled to begin March 4.
In fact, that’s exactly what special counsel Jack Smith requested in December. A request the justices denied without explanation.
Instead, in another unsigned announcement, the court said it would hear oral arguments on April 22. A ruling would normally be expected by the end of its current term on June 30.
Which in turn could delay the start of any trial until late August or September, after the Republican National Convention coronation of Trump and the unofficial start of a campaign that’s actually been ongoing since, oh, January 6, 2021.
All perfectly in keeping with Trump’s goal of delaying any decision in a case that charges him with in effect aiding and abetting an insurrection against the duly elected government of the United States by preventing Congress from counting electoral votes.
Harsh? Let’s look at the composition of the court, which includes six members appointed by Republican presidents and three by Democrats despite the fact Democrats have won the popular vote in seven of the last eight elections.
Thanks in large part to Mitch McConnell, three of those justices were named by Trump. A fourth was named by Bush 41 but has the “distinction” of being married to someone heavily in involved the fake electors scheme that was an integral part of the coup plot.
But wait, as the TV pitchmen say, there’s more.
In the second set of indictments brought by Smith, a Trump-appointed judge in Florida is making SCOTUS look like it’s moving at warp speed. Judge Aileen Cannon has already been overruled once by the Trump-dominated 11th Circuit Court of Appeals for a ruling intended to slow walk the case involving classified documents unlawfully retained at Mar-a-Lago.
That pace continues with the likelihood of a May trial date quickly evaporating.
Trump’s goal? Prevent the federal cases from going to trial in the hope that he wins in November and can throw the charges out and pardon himself.
The Trump team is also doing its best to muddy the waters in a state case he can’t toss out. The sideshow involving the indiscreet, no make that stupid, behavior of Fulton County District Attorney Fani Willis has nothing to do with the racketeering charges against Trump and his co-defendants. Except for delay.
Which puts even more pressure on Manhattan District Attorney Alvin Bragg and his March 25 “runt” of a case charging Trump with criminal fraud in trying to buy the silence of a porn star to win the 2016 presidential election.
There’s still one more potential fly in the ointment should the majority of the court uphold the concept that the rule of law applies to all Americans. A Department of Justice rule aimed at avoiding, you guessed it, election interference.
“Justice Department employees ‘may never select the timing of investigative steps or criminal charges for the purpose of affecting any election, or for the purpose of giving an advantage or disadvantage to any candidate or political party.’”
While former FBI Director James Comey ignored that directive, twice, when it came to Hillary Clinton’s emails, expect Trump and his attorneys to cite it repeatedly to delay a trial until after November 5.
Never mind that this is not an investigation, the defendant has already been indicted and arraigned and a judge assigned to his case. Not to mention the delays are all at his behest.
Justice delayed would definitely be justices denied because, in the words of an unindicted co-conspirator who lived in the White House:
"People have got to know whether or not their President is a crook.”
Vote, like your democracy depends on it. Because it does.
excellent piece, Jerry- have onpassed.