Was Roy Correct?

“I don’t want to know what the law is, I want to know who the judge is.” – The late Roy Cohn, lawyer to the late Wisconsin Republican Senator Joe McCarthy and Donald Trump. There were many candidates for biggest political story of the week just ended but today I’ll concentrate on the ones involving the courts and legal processes. As I do, please keep this quote in mind.

Special Counsel Jack Smith brought evidence claiming to prove witness tampering on the behalf of Donald Trump before Federal Judge Aileen Cannon and requested that it be kept under seal. Judge Cannon ruled that it must be shared with Trump’s defense team. In the past there have been many allegations of Trump and/or his operatives engaging in witness tampering so the accusation is, at the very least, somewhat believable because of its consistency with alleged past behavior.

Thursday the Supreme Court heard oral arguments in a case where a Colorado plaintiff is seeking to prevent Trump from being listed on the primary ballot because he violated the 14th Amendment and is therefore ineligible to serve in the office he is seeking. Based on the questioning it appears the Court is poised to overrule the lower courts and allow Trump’s name on the ballot.

One of their anticipated reasons is the perceived consequences of ruling otherwise. If that ends up being the case, I’d like the Court to apply the same criteria to decisions involving choice, voting and guns. If nothing else we’d have a lot fewer premature deaths.

I am among the many liberals who really don’t care much about the outcome in this case. Explaining my reasoning would take at least an entire article. Remember the thought process on this started with conservative scholars and the suit was actually brought by a Republican. (Perhaps I should take solace in the fact that at least a few legitimate Republicans remain.)

In a ruling I agree with, a three federal judge panel of the DC District, after some delay, ruled that a president does not have lifetime immunity from prosecution for illegal acts committed while in office. They wrote their ruling in such a manner as to somewhat cut off Trump’s delay game by denying him appeal to the full court and giving him until this Monday to petition the Supreme Court. I have no idea what took them so long but at least they arrived at a just (isn’t it pitiful home seldom we think justice comes out of our courts lately?) solution.

This last topic was one I didn’t want to magnify by commenting on but it has already gotten way too much press. After a lengthy and costly investigation, Special Counsel Robert Hur concluded that no charges were warranted or most likely provable in a court in the case of documents retained by Joe Biden. That should have been the bottom line but it got buried by “sexier” tidbits, which Hur is unqualified to make and/or calls for an assumption(s) on his part, later in his report. Hur is a Republican who got his start in Washington from the late Chief Justice William Rehnquist and served in senior Justice Department capacities during Donald Trump’s administration. His is not exactly an unbiased voice.

I began today’s posting with a quote from one of the most infamous lawyers in American history. Today we might paraphrase it a bit and add the words “investigator or”. If it is in fact true -which I to a great degree fear it is- that is very, very sad indeed!

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