Last week SCOTUS listened to Trump’s immunity appeal. Trump’s lawyers argued that the President of the United States should have absolute immunity from prosecution, for actions he took while president, once he is no longer president. Trump seeks immunity in order to avoid responsibility for the January 6th insurrection. He is currently charged with 1). Conspiracy to defraud the United States, 2). Conspiracy to obstruct an official proceeding, 3). Obstruction of and attempt to obstruct an official proceeding, and 4). Conspiracy against rights. The lower court ruled unanimously, “A Presidents is NOT immune from justice. Presidents. Can. And should. Be held accountable for criminal behavior.” In other words, just like we’ve grown up hearing our whole lives, nobody is above the law.
The Supreme Court was not obligated to take this case. The justices could have let the lower court’s unanimous 3-0 decision stand. They do so all the time. But, they did take the case and now must make a ruling. So what are their options? They could simply side with the lower court and let the case proceed. However, the bias exposed by needlessly delaying the case in this way might be a little too embarrassing for SCOTUS. After all, why would they take a case if they has nothing to add? SCOTUS could also side with Trump. However, the conservative majority know that if they were to grant the former president immunity from prosecution for crimes he committed while in office, protests would explode across the country. They know this because each one of them claims to be a strict constitutionalist. This means, like every other American who paid attention during civics class, they understand that one of the foundational principles of our Constitution insures that the people of the United States of America would never suffer under a Monarchy which considers itself above the law. Deciding for Trump would also be done without support from the less conservative justices (not that Trump’s people actually care about that). SO, since SCOTUS can’t easily pick sides without serious repercussion, they will likely send the case back to the lower court for “clarification”.
Clarification? What exactly needs to be clarified? During the oral arguments the conservative justices set the stage for a ruling that will instruct the lower court to determine what sorts of actions should be considered official duties of the president and which should be considered private or personal acts? Kavanaugh, Gorsuch, Alito, Thomas (who refused to recuse himself despite the fact that his wife, Virginia Thomas, is an election denier and participated in efforts to overturn the election all the way up to January 6th), and Barrett want us to believe that future acts by future presidents could negatively impact how a president runs the country and are of greater concern in this case than the fact that this president broke the law, betrayed his oath of office, and instigated an insurrection. Furthermore, they would also have us believe that the lower court, rather than the Supreme Court must fix the problem.
More delays, of course, mean the indictments against Trump for conspiracy, fraud, and obstruction relating to January 6, 2021, will most likely NOT be heard prior to the 2024 election. And, if Trump wins the election, the case will most likely NEVER be heard since Trump would be able to order the DOJ to drop the case or simply pardon himself like he’s promised to pardon the rioters who have already been found guilty. My suspicion is that delaying the proceedings, not the need for clarification, is the real impetus behind SCOTUS taking on the immunity case in the first place.
I understand how cynical and hysterical my concern might sound but I do not believe I’ve taken on the Chicken Little mantle. Cooler and more knowledgeable heads than mine, like former Rep. Liz Chaney from Wyoming and Rep. Jamie Raskin from Maryland, are also flashing their warning lights in an attempt to educate Americans about the truth within the Constitution and the threat a second Trump presidency promises.
If I’ve said it once I’ve said it a thousand times, our system of government is flawed. BUT, it is not so flawed that we should give up hope or throw the baby out with the bath water. I believe Donald Trump instigated the January 6th riot at the Capitol, attempted to over turn an election he knew to be legitimate, and committed conspiracy to defraud the United States and the American people. For these reasons and more, I do not believe he is fit for office. But, unless more Americans agree with this assessment the evidence to prove these indictments may never see the light of day before a duly appointed judge and sworn jury.
It is up to the American people–to defend democracy and to make the former president answer for his behavior. When Trump’s 63 legal attempts to question the election results failed to produce the win he wanted he turned to lying, rabble rousing, intimidation, fraud, and other illegal behavior. With a sympathetic House and a sympathetic Court Americans have few options for recourse. But we do have one. We still have a vote.
Unlike the conservative Justices on the Supreme Court, thoughtful, patriotic Republicans and unenthusiastic Democrats can set partisan policy differences aside and choose instead to affirm our Constitution, defend democracy, and guarantee that our systems of governance have a chance to be improved rather than demolished. By voting for Biden, we can make sure Trump never sees the inside of the White House again and more importantly–answers for his crimes.
* * *
Feel free to comment and share.