Monday, July 01, 2024

No Punishment to Which trump Can Be Subjected By a Wingnut SCOTUS

The President of the United States would be liable to be impeached, tried, and, upon conviction of treason, bribery, or other high crimes or misdemeanors, removed from office; and would afterwards be liable to prosecution and punishment in the ordinary course of law. The person of the King of Great Britain is sacred and inviolable; there is no constitutional tribunal to which he is amenable; no punishment to which he can be subjected without involving the crisis of a National revolution...
-- The Federalist 68, by Alexander Hamilton 

I really hate being in this darkest timeline. 

As I dreaded earlier, this Far Right controlled Supreme Court ruled on donald trump's plea for legal immunity to save him from the federal charges he is - maybe was now - facing over the stolen classified documents at Mar-A-Lago and his role in the January 6th Insurrection. They basically gave him everything trump asked for and destroyed any pretense at accountability in the process (via Amy Howe at SCOTUSBlog):

In a historic decision, a divided Supreme Court on Monday ruled that former presidents can never be prosecuted for actions relating to the core powers of their office, and that there is at least a presumption that they have immunity for their official acts more broadly.

The decision left open the possibility that the charges brought against former President Donald Trump by Special Counsel Jack Smith – alleging that Trump conspired to overturn the results of the 2020 election – can still go forward to the extent that the charges are based on his private conduct, rather than his official acts.

The case now returns to the lower courts for them to determine whether the conduct at the center of the charges against Trump was official or unofficial – an inquiry that, even if it leads to the conclusion that the charges can proceed, will almost certainly further delay any trial in the case, which had originally been scheduled to begin on March 4, 2024 but is currently on hold.

Writing for the majority, Chief Justice John Roberts emphasized that the president “is not above the law.” But Justice Sonia Sotomayor, in a dissent joined by Justices Elena Kagan and Ketanji Brown Jackson, countered that if a future president “misuses official power for personal gain, the criminal law that the rest of us must abide will not provide a backstop...”

Sotomayor is rightly pointing out that a corrupt President will ignore the meaningless assurances Roberts is offering, because that corrupt SOB will figure out how to drag everything under that "official acts" umbrella and nobody - not even future Courts - will be able to argue otherwise.

This ruling goes against what was considered settled law with Nixon v United States, which stated clearly "no one is above the law." This Roberts Court is now saying that a sitting President is above the law, and can inflict acts of retribution and cruelty on everyone else.

This is the power of kings: To rule with impunity and injustice. This is something our nation's Founders fought against. We're due to celebrate the holiday honoring their Declaration against the tyranny of a British king, and these wingnut Justices just undid everything the Founders stood for.

When they created the Executive branch, when they settled on a President of the United States, the Founders insisted on establishing checks and balances to ensure political power never rested with a tyrant. By creating the idea of even limited immunity related to the "duties of the office", this Court just upended those balances, ended those checks.

A crooked man in the White House - someone like trump - can now do anything he wants.

Consider what trump wants to do in a second term in office should he lie, bully, and steal his way back into the Presidency. he's openly planning revenge against the New York officers and judges who held him accountable for his acts of fraud and sexual assault. trump and his anti-immigrant handlers are drawing up plans to seize up to 20 million people they'll claim are illegal immigrants and hold them in "camps" (note: there aren't that many illegals in America. They'll likely be seizing real citizens - mostly kids unable to produce ID - and making them suffer) in clear violation of civil rights. And he's planning to gut the Executive branch of civil service employees in violation of workers rights and the needs of the public. 

We are now facing the serious threat of an uncontrolled donald trump sitting in the Oval Office with a literal license to kill.

The entire nation needs to recognize the threat donald trump and his Far Right Republican allies represent. No one is going to be safe if he gets back in the White House.

To the 81 million Americans who voted for Joe Biden in 2020, you need to come back to the ballot box and support him - as Biden respects the rule of law and denounced today's ruling - again. To every Independent voter out there, you need to pick a side now and vote for the Democrats who won't subvert the Constitution and its protections we've lived with our whole lives. To any Republican voters who still respect the rule of law and understand how dangerous trump is, you need to get over any hesitancy to vote Democrat and for the LOVE OF GOD AND COUNTRY vote Biden.

The entire nation as we know it is now at the edge of the cliff. trump and his cronies are eager to drive us over that edge.

Time to stand up. Time to vote. Time to deny these corrupt trumpian powers any dominion over us.


1 comment:

dinthebeast said...

Power grab, plain and simple. Found on the festering remains of Twitter:

ClearingTheFog
@clearing_fog
6h
The entire ruling looks like a project to turn Presidents into Kings - but with a giant caveat.

The Court gets to decide, on a case by case basis, which prosecutions would ‘intrude’ on Presidential authority.

They created a king that is answerable only to themselves.

-Doug in Sugar Pine