The Enemy Has Identified Itself

Timestamp: 10:38am Tuesday morning

I commenced penning this piece minutes after the Supreme Court announced its decision in the Trump immunity case. The core issue is simple, so simple that many have called it a no-brainer, yet the Court not only made it complicated but it clearly ignored the one of the Founders’ basic principles: we do not have kings in America.

The Court ruled that the president has presumed immunity for official acts committed while in office. That places the president above the law. I was raised to believe that in America no person is above the law. Evidentially six (and I don’t have to tell you which six) of the sitting justices disagree with me.

This ruling leaves open to discussion what exactly constitutes an official act. In fact, the Court sent several specifics back down to the lower courts to revisit just that argument. This, of course, leaves open the possibility of an appeal of those rulings. The decision rules that official communications of the President and his people are not admissible as evidence. Now I didn’t say they couldn’t be made public; this ruling says that they cannot even be considered by the courts let alone publicly disclosed. This effectively makes collusion and conspiracy legal as long as one of the parties to it is the sitting president. That sounds more like a wannabe mobster’s dream than democracy to me!

Clearly in a representative democracy with temporary chief executives no person can have absolute immunity even for official acts. (Remember just what constitutes an official act is not defined.) This should have been an easy ruling for the Court. Furthermore, with a strong leader it would have been a unanimous ruling. In 1954 then-Chief Justice Earl Warren showed his leadership by getting the Court to rule 9-0 in Brown v Board of Education. John Robert showed his weakness not only signing on to an obviously flawed decision (in fact he wrote it) but by allowing it to be a split decision. This is far from the first time that he has shown his weakness. As part of the repair of the Court he needs to go and be replaced by someone with leadership ability.

The “best” parts of the Court’s decision can most accurately be described as another set of punts. We had to wait for 67 days (more on that number below) to elapse and overtime to be called for this garbage?

The only possible positive I see in this decision is that it will take Biden’s poor debate performance out of the leadoff spot in the political narrative.

Remember democracies tend to die from within and unless we can reform the Court American democracy appears doomed.

I’ll leave you with another thought. We waited 67 days (as measured from oral arguments) for this decision. In Nixon the same gap was 16 days. Trump got the delay he wanted and then some including the possibility of more delays. Where is the justice for the American electorate?

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One thought on “The Enemy Has Identified Itself”

  1. Well, maybe Joe Biden will consider using this new power to save us from what Trump would do with that power.

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