Monday, July 8, 2024

A Momentous Week!


The Supreme Court ruled this week that presidents have immunity from so-called Official Acts, even if those acts might be unlawful. So, the idea of a president asking SeaL Team Six to take out an enemy or asking the Department of Justice to arrest a political foe is no longer a hypothetical consideration; it could happen in the worst scenarios.

The principles of “equal justice under the law” and that “no man is above the law” are now seriously being called into question by these actions. The Conservative justices, apparently afraid that their guy, a convicted felon already, might be further prosecuted, came up with a get-out-of-jail-free card before the jail door was even opened. Every legal scholar who viewed this petition thought it had no merit and that the Supreme Court would decline to review it further. The Federal Appeals Court ruling was described by Bloomberg News:

“A US federal appeals court gave the Supreme Court an easy off-ramp if the justices want to stay out of a second dispute involving Donald Trump, this one centered on whether he’s immune from criminal prosecution for alleged election interference.

The US Court of Appeals for the DC Circuit did what it could to make the Supreme Court’s review less likely in issuing a straightforward, well-reasoned decision that’s written for a broad audience, legal scholars say.

They rejected the former president’s claim that he is categorically immune from criminal liability for acts taken while in office. That contention “is unsupported by precedent, history, or the text and structure of the Constitution,” the judges say.

I thought the Federal Appeals Court nailed it. So, when I heard the oral arguments, it seemed the justices were moving away from the question at hand-does this president have immunity to a broader interpretation of future immunity? In my opinion, the attorneys for DJT did a terrible job explaining the issues. I agreed with Judge Tanya Chutkan that presidents are not kings. But my opinion counts for little and no one paid me to make my decision, unlike some who should have recused themselves.

The Associated Press described the 6-3 decision below. Justice Sonia Sotomayor read her dissent out loud from the bench, which is the court’s way of disagreeing and stamping one's foot.

Lindsay Whitehurst, AP

Washington (AP) — In an unsparing dissent, Justice Sonia Sotomayor says the Supreme Court allowed a president to become a “king above the law” in its ruling that limited the scope of criminal charges against former President Donald Trump for his role in the Jan. 6, 2021 riot at the U.S. Capitol and efforts to overturn the election.

She called the decision, which likely ended the prospect of a trial for Trump before the November election, “utterly indefensible.”

“The court effectively creates a law-free zone around the president, upsetting the status quo that has existed since the founding,” she wrote. She was joined by liberal justices Elena Kagan and Ketanji Brown Jackson, who wrote another dissent referring to the ruling’s consequences as a “five-alarm fire.”

Sotomayor read her dissent aloud in the courtroom, with a weighty delivery that underscored her criticism of the majority. She strongly pronounced each word, pausing at certain moments and gritting her teeth at others.

“Ironic isn’t it? The man in charge of enforcing laws can now just break them,” Sotomayor says.

Chief Justice John Roberts accused the liberal justices of fear-mongering in the 6-3 majority opinion. It found that presidents aren’t above the law but must be entitled to presumptive immunity to allow them to forcefully exercise the office’s far-reaching powers and avoid a vicious cycle of politically motivated prosecutions.

While the opinion allows for the possibility of prosecutions for private acts, Sotomayor says it “deprives these prosecutions of any teeth” by excluding any evidence that related to official acts where the president is immune.

“This majority’s project will have disastrous consequences for the presidency and for our democracy,” she says. She ended by saying, “With fear for our democracy, I dissent.”

“It is a far greater danger if the president feels empowered to violate federal criminal law, buoyed by the knowledge of future immunity,” she says. “I am deeply troubled by the idea ... that our nation loses something valuable when the president is forced to operate within the confines of federal criminal law.”

So where do we go from here? President Biden said he does not want this power. I guess our only chances of surviving this decision are to be certain we never elect despots.

Project 2025 is empowering such leaders.

Further knowledge about Project 2025 is causing pushback after the leader of the Heritage Foundation recently described its proposed takeover of our democracy. But Democracy to some is a bit of an ephemeral discussion, isn’t it? But as Chris Hayes put it recently, they want to take create an authoritarian government, put DOJ under the president and weaponize it, scale down and purge our civil service, outlaw porn, teach Christianity in the schools, prohibit contraception, abortion, and divorce.

I find it intriguing that leader Roberts has aligned his organization with both financial and political support from Viktor Orban, the Hungarian authoritarian ruler who keeps close ties with Russian leader Putin. Remember, Conservatives invited Orban to speak at their annual meeting a few years ago and Tucker Carlson broadcast his show from Hungary a while back. Heather Cox Richardson discussed the attempt to promote this mandate in two recent Substack posts, which I quote from below. People are learning more and speaking out against these moves.

Heathercoxrichardson@substack.com wrote on July 4th about Project 2025.

“That Supreme Court ruling yesterday on immunity is vital, and it's vital for a lot of reasons,” Roberts says, adding that the nation needs a strong leader because “the radical left…has taken over our institutions.” “[W]e are in the process of the second American Revolution,” he says, “which will remain bloodless if the left allows it to be.”

Roberts took over the presidency of the Heritage Foundation in 2021, and he shifted it from a conservative think tank to an organization devoted to “institutionalizing Trumpism.” Central to that project for Roberts has been working to bring the policies of Hungary’s president Viktor Orbán, a close ally of Russia’s president Vladimir Putin, to the United States. 

In 2023, Roberts brought the Heritage Foundation into a formal partnership with Hungary’s Danube Institute, a think tank overseen by a foundation that is directly funded by the Hungarian government; as journalist Casey Michel reported, it is, “for all intents and purposes, a state-funded front for pushing pro-Orbán rhetoric.” The Danube Institute has given grants to far-right figures in the U.S., and, Michel noted in March, “We have no idea how much funding may be flowing directly from Orbán’s regime to the Heritage Foundation.” Roberts has called modern Hungary “not just a model for conservative statecraft but the model.”

On July 5th Richardson noted the following in her Letters to an American posting.

“But for all of what independent journalists are calling a “feeding frenzy,” egged on by right-wing media figures, it seems as if the true implications of Project 2025 are starting to gain traction and the Trump campaign recognizes that the policies that document advocates are hugely unpopular. 

On July 2, Heritage Foundation president Kevin Roberts assured Trump ally Steve Bannon’s followers that they are winning in what he called “the second American Revolution, which will remain bloodless if the left allows it to be.” In March, Roberts tells former Trump administration official and now right-wing media figure Sebastian Gorka about Project 2025: “There are parts of the plan that we will not share with the Left: the executive orders, the rules and regulations. Just like a good football team we don’t want to tip off our playbook to the Left.” 

This morning, although Roberts has described Project 2025 as “institutionalizing Trumpism,” Trump’s social media feed tried to distance the former president from Project 2025. “I know nothing about Project 2025. I have no idea who is behind it,” the post read. Despite this disavowal of any knowledge of the project, it continues: “I disagree with some of the things they’re saying and some of the things they’re saying are absolutely ridiculous and abysmal. Anything they do, I wish them luck, but I have nothing to do with them.” 

In what appeared to be a coordinated statement, the directors of Project 2025 wrote on social media less than two hours later that they “do not speak for any candidate.”  (Don’t believe them!)

And, of course, the third big thing this week is the question about the health of President Biden and his ability to serve another term. Nancy Pelosi asked a question that remains unanswered: ‘Was this an episode or a condition?’ Concerned minds would like to know. I was willing to wait and see after the debate, but I am less supportive of that premise now after the interview with ABC. While it was generally okay, I do not think the president answered the questions well, nor do I believe he is assessing his situation or polling adequately. When George noted elections are about the future, not about the past, Biden did not pick up on that and give a vision for a second term. And his final comment, that if he loses to DJT, “if he gave it his all and lost, that was okay” is so not right with me. Americans cannot allow that man in the White House again and must prevent his election.

In case you missed it- here is a YouTube link to the full interview:

(https://www.youtube.com/watch?v=kzdi6xhlfiM)

Here are links to some interpretations in the media:

NPR

The Hill

ABC News

Many Democratic officials are calling for Biden to step down and allow someone else to run. Given campaign finance rules, (as I understand them) the only person who could use already collected campaign funds is Kamala Harris because she is already on the ticket. There is also the issue of state ballots; many states close ballot lists early because of early voting regulations. Any changes would have to occur soon.

Republicans will hold their convention in Milwaukee soon, even though a Vice-presidential candidate has not been named. The Democratic Convention will be in Chicago on August 19-22. The election will be on November 5th, 2024.

Like many Democrats, I remember the 1968 Convention with sadness; I do not wish to see that repeated, but feel powerless to change anything right now. Some have suggested the president should step down soon for health reasons and put Harris in charge, so she could run as an incumbent. I do not know if that is an answer, but it is a thought. So, so many things to ponder.

‘Til next week- Peace!

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