Mastodawn

Nonilex Jul 1, 2024

#SCOTUS Puts #Trump #AboveTheLaw

And gives him permission for a despotic second term.

By Adam Serwer

Near the top of their sweeping, #lawless opinion in Trump v. #UnitedStates, Donald Trump’s defenders on the #SupremeCourt repeat one of the most basic principles of American constitutional government: “The president is not above the law.” They then proceed to obliterate it.

#law #PartisanCourt #ExtremistCourt #DarkMoney #MAGA #Jan6
https://www.theatlantic.com/politics/archive/2024/07/supreme-court-donald-trump-immunity-decision/678859/

The Supreme Court Puts Trump Above the Law

And gives him permission for a despotic second term.

The Atlantic

Although the pro-#Trump justices attempt to nest the breadth of their opinion in legalese, their finding that the president cannot be prosecuted for “official acts,” & that much of Trump’s efforts to seize #power fall under that rubric, means that the justices have essentially legalized a losing president refusing to step down, as Trump tried to do after the 2020 election.

#law #SCOTUS #PartisanCourt #ExtremistCourt #DarkMoney #RightWing #MAGA #Republicans #Jan6

Nonilex Jul 1, 2024

The Court’s opinion presents an absurd paradox that defeats the purpose of a constitutional #democracy governed by the rule of #law. It has little basis in the #Constitution or in the words of the #Founders. It is the outcome that most benefits the Court’s preferred presidential candidate, while allowing the justices to live w/themselves for defacing beyond recognition the Constitution & the concept of democratic self-determination.

#SCOTUS #ExtremistCourt #immunity #Trump

Nonilex Jul 1, 2024

In her dissent, Justice Sonia #Sotomayor puts it plainly. Regarding the question of “whether a former President enjoys immunity from federal #criminal prosecution,” Sotomayor writes, “The majority thinks he should, & so it invents an atextual, ahistorical, & unjustifiable #immunity that puts the President above the #law.” That is the long & the short of it.

#SCOTUS #ExtremistCourt #Trump

Nonilex Jul 1, 2024

Referring to Trump’s scheme to manufacture voter-fraud prosecutions as a pretext for overturning his loss…, #SCOTUS writes that “because the President cannot be prosecuted for conduct within his exclusive constitutional authority, #Trump is absolutely immune from prosecution for the alleged conduct involving his discussions w/ #Justice Dept ofcls.” This refers to discussions in which Trump…told the #DOJ, “Just say that the election was corrupt + leave the rest to me & the R. Congressmen”….

Nonilex Jul 1, 2024

…Chief Justice #JohnRoberts often sounds more like #Trump’s lawyer than the #impartial judge he presents himself as. Roberts writes that “w/respect to the President’s exercise of his core constitutional powers, this #immunity must be absolute.” If that applies …to a sitting president manufacturing a scheme to avoid relinquishing #power after losing an #election, then there is no #legal constraint on a president simply refusing to leave office & using his authority to find a pretext for doing so.

Nonilex Jul 1, 2024

We can debate the nuances of history, the Framers’ intentions, or the text of the #Constitution. What the Founders of the #UnitedStates did not intend to do when they designed a constitutional system of checks & balances, was establish a govt that would allow someone to declare themselves president for life….

#SCOTUS writes that presidents cannot be prosecuted for “use” of their ofcl powers, but what it actually means is they cannot be prosecuted for the flagrant abuse of them.

Nonilex Jul 1, 2024

That renders the plain disclaimer on which the opinion rests—the president is not above the #law—a lie. More significant,the opinion depends on an implicit belief that the only person who would act so brazenly is #Trump, & that bc the majority of the justices…support Trump & want him to be president, he must be shielded from prosecution. In this backhanded manner, Trump’s justices acknowledge that he poses a unique threat to constitutional govt, one they just happen to support bc he’s their guy.

Nonilex Jul 1, 2024

These are not justices; these are #Trump cronies. This is not #legal reasoning; this is vandalism.

…this [opinion] covers its #radicalism w/a pretense of moderation…that would nonetheless allow a president to escape prosecution for the most heinous abuses of power imaginable. #SCOTUS rejects…that a fmr president must be impeached & convicted before being prosecuted, while laying down a standard that makes it impossible for a president who attempts to seize #power to be prosecuted for doing so.

Nonilex Jul 1, 2024

“Distinguishing the President’s official actions from his unofficial ones can be difficult,” #JohnRoberts writes. Then he makes it more difficult, writing that “in dividing official from unofficial conduct, courts may not inquire into the President’s motives.”

#law #SCOTUS #PartisanCourt #ExtremistCourt #CorruptCourt #DarkMoney #immunity #Trump #MAGA #Republicans #Jan6

Nonilex Jul 1, 2024

That’s the idea: By balancing the possibility of any prosecution on this distinction, & by then making that distinction virtually impossible to discern, Roberts eliminates any chance of resolving the underlying #legal issues of #Trump’s current federal prosecution before Trump has a chance to take #power again. If Trump wins, he can then—wielding the sword of “absolute immunity” that #SCOTUS has provided—dismiss the #criminal investigations against him.

Nonilex Jul 1, 2024

A lifetime appointment means that #SupremeCourt justices can do whatever they wish when they are in the majority. When the justices wanted to force #Colorado to return #Trump to its presidential #ballot after the state concluded that his attempted seizure of #power on #Jan6 barred him from holding office under the #FourteenthAmendment, they moved as rapidly as possible. When they wanted to assist Trump’s strategy of delaying any possible federal trial, they took their time.

Nonilex Jul 1, 2024

…The current composition of #SCOTUS is the result of decades of work by #RightWing activists seeking a permanent #conservative #political ascendancy, & the behavior of the majority consistently reflects that objective. Like other right-wing institutions, it has become thoroughly #corrupted by its obeisance to the #Republican Party leader, the principle to which all others are now subordinate. This is not the Republican Party Court; it is the #Trump Court.

Nonilex Jul 1, 2024

#Trump’s claim was absurd on its face: namely, that former presidents are immune to prosecution for any #crime committed under color of #law unless impeached & convicted. The kernel of logic in that argument, that the powers of the president confer some level of #immunity for certain acts, has been expanded beyond recognition to immunize Trump from prosecution.

#law #SCOTUS #PartisanCourt #ExtremistCourt #CorruptCourt #DarkMoney #CourtReform #RightWing #MAGA #Republicans #Jan6

Nonilex Jul 1, 2024

…this would mean that a president could assassinate a rival in the name of #NationalSecurity, then avoid impeachment by intimidating members of Congress w/the threat of murdering them as well, & thus be immune from prosecution forever. …& if by some miracle a president who murdered his political enemies were removed, prosecutors would not only be barred from trying him but would also not be allowed to use his conversations w/executive-branch ofcls as #evidence against him.

#law #SCOTUS #Trump

Nonilex Jul 1, 2024

…The #Trump Court’s decision is not only cover for his actions following the #2020election. The ruling must be understood as a permission slip for the despotic power that Trump has vowed to assert if he is reelected. It is not just a grant of #immunity for past #crimes, but an enthusiastic endorsement of the ones he will commit if given the chance. Trump has said he would be a “#dictator on day one” & has vowed “#retribution” against his political opponents.

#law #SCOTUS #PartisanCourt

Nonilex Jul 1, 2024

#RightWing think tanks are plotting to ensure that the federal govt is staffed by loyal cronies who can turn its immense #power to protecting & enriching #Trump & imposing an #extreme agenda w/o #legal constraints.

…The entire purpose of the #Constitution was to create a govt that was not bound to the whims of a #king. The Court’s self-styled “originalists,” in a perverse contortion of history & the Constitution they pretend to cherish, have…put a crown within Trump’s reach….

SearingTruth Jul 1, 2024

"Once again, here's how it goes. First, a tyrant 'suspends' just a 'little' liberty, to protect democracy. Then, a tyrant monitors everyone, everywhere, all the time, to assure freedom. Finally, a tyrant imprisons or executes all those observed in abeyance of authority, to uphold liberty. No step may proceed without the other, the accomplice of a complacent people, and the corruption of a civil state."
SearingTruth

The Ocelot, Freedom for 🇺🇦.Jul 1, 2024

@Nonilex On the question of being able to refuse an "illegal" order from the Commander in chief...https://x.com/cealicu_ca/status/1807914502249234668?s=19

NOVAYA PRAVDA (@cealicu_ca) on X

@laughingTommy @MarkHertling Even to determine that the order is illegal becomes impossible. The rulling establishes that any potential evidence related to a President's order is inadmissible, because of presumtive immunity. Therefore all orders are legal because nobody can prove otherwise.

X (formerly Twitter)

dogzilla Jul 2, 2024

@Nonilex It’s also a signal that they’re ready to rule in his favor if he challenges the election

Pamela Jul 1, 2024

@Nonilex Trump is lucky President Biden is a moral man! SCOTUS is banking on that, too! What if they're both making a deadly error, or are they praying they are okay until Trumpie is back... if he ever is?

SearingTruth Jul 2, 2024

"If you want to destroy something big do it a little bit at a time."
SearingTruth

Frank Bennett 🇯🇵Jul 2, 2024

@Nonilex Maybe not a Republican but a Trump court, but they sure gonna love them some corporate favoritism, Trump or no Trump.

The guy with a big mouth and oversized ego is still only a front man; it's just easy to forget that because he instinctively aligns himself so closely with the interests of the aspiring oligarchy.

Yorgus (Old white Guy)Jul 2, 2024

@Nonilex The current court is more the working of Mitch McConnell than of Trump. McConnell withheld the confirmation of Merrick Garland, and this began before Trump had become a candidate. McConnell rushed the confirmation of Amy Barrett--in direct contradiction of his "principle" devised to prevent Garland from being confirmed.

Unrelated, but McConnell could have checked Trump at any point but refused to do so.

Yorgus (Old white Guy)Jul 2, 2024

@Nonilex I realize that the current court majority is the creation of the Heritage Foundation. the Federalist Society, and conservative activism over the past 40+ years, but over the past 10 years, the process has accelerated, and McConnell has been the helmsman.

Aztec4Life Jul 2, 2024

@Yorgus @Nonilex
McConnell also reduced the number of votes in the Senate required for confirmation to a simple majority to rush through and guarantee the appointment. That and whatever Trump said to Justice Kennedy to secure another seat.

TheNovemberFella ✊🏳️‍🌈 🇺🇦☸️🛰️🚀Jul 1, 2024

@Nonilex 👍💯👍 #truth

dibi58 Jul 1, 2024

amerikkka is now a kkkristians wasps talebanate ...

no certainty of law, investing in bolivia is safer ...

Bill Lamb Jul 1, 2024

And ... what to do about it?

Yeah ... 😏

Nonilex Jul 1, 2024

@zachvat we vote in a democratic majority in the House & Senate. That’s what we can do about it. Congress has authority over the Supreme Court, but the current House won’t advance any legislation reining in their power by expanding the court or implementing term limits. Congress also sets the terms by which federal judges, including Supreme Court justices, retire & how they are compensated. If we know one thing about the justices it’s that they care about their $$.

Violet Madder Jul 1, 2024

@Nonilex @zachvat

That's not us doing something about it.

That's us expecting Democrats to do something about it for us.

Spoiler: They won't.

TAI Jul 1, 2024

@violetmadder exactly how we got here, relying on democrats, a fools choice

Nonilex Jul 1, 2024

@TAI @violetmadder should we rely on the other party? Let’s deal with reality here. There are 2 parties. This is happening now, not in some idealistic multiparty utopian future.

TAI Jul 1, 2024

@Nonilex two sides to the same coin. you must buy the incompetence. some of us see the complicity, good cop, bad cop routine theyve played on us. we've never had representation, just false words

TAI Jul 1, 2024

@Nonilex i;d say fantasy was believing there actually was a good guy in this equation. it's as silly as believe characters in a movie are real. maturity and wisdom would see the road both parties have taken us down and who it served, it was never us. intelligence requires understand enough offered up to fool the public. you see a lot of intelligence and maturity in the voting public? I don't, not hard to fool the majority

Nonilex Jul 1, 2024

@TAI what do you suggest then?

TAI Jul 1, 2024

@Nonilex I respect you more than you could know, doesn't not mean I agree all times. on the table, Biden wake the fuck up and reckognize the moment we are in. not many understand the idea the savior may have to look like the villain in the moment.look at the history of some of the most revered, ridiculed and ostracized at the moment. take advantage of SCOTUS ruling, forget trying to look like the good guy. you;re fcking 81, not a lot to lose. All stops to end trump, render the court impotent

Violet Madder Jul 1, 2024

I'm asking what WE could do about it. That's who we're going to need to rely on from here-- each other, beyond a broken system.

Nonilex Jul 1, 2024

@violetmadder & I said vote. But you can also provide transportation to people to go vote, run for office, volunteer for your local election poll, educate people, etc.

Violet Madder Jul 1, 2024

Sure, do that. But we need to think bigger.

Little checkboxes aren't enough to save us.

Nonilex Jul 2, 2024

@violetmadder suggestions?

Violet Madder Jul 2, 2024

Same as all the times in history when voting was ineffective or not even available.

Direct action, mutual aid, and labor organizing.

Reject this court as corrupt and illegitimate. Mass protest. Prepare to protect your neighbors from disasters, poverty, neonazi harassment etc. Gather with affinity groups to strategize around local industries and resources. All the things you would need to do if Trump wins, start now because elections aren't like on/off lightswitches and too much fascism is already here.

TAI Jul 1, 2024

@violetmadder @Nonilex just a thought, most revolts aren't driven by noble wisdom. they are the final straw, nothing to lose, everything lost anyone. noble and wisdom are foresight, proactive, not desperate reactive that is just an expression of futile rage

Nonilex Jul 1, 2024

@zachvat Congress’s mandate to “make all Laws which shall be necessary & proper for carrying into Execution [its enumerated] Powers, & all other Powers vested by this Constitution in the Government of the United States” implicitly grants #Congress the authority to enact a wide range of #legislation to facilitate the exercise of judicial power. Moreover, Congress has the ultimate power to #impeach & remove justices for bad behavior, which justifies regulation to ensure good behavior

Bill Lamb Jul 1, 2024

You are correct, but alll we can do is 1) vote, and 2) post on social media.

Sad, yet true.

Nonilex Jul 1, 2024

@zachvat Volunteer for local election campaigns. Educate. run for office. There’s stuff. I’m depressed too, but it’s hope or surrender. I’m not ready to surrender to Trump, Clarence Thomas & Samuel Alito.

pcbeard Jul 2, 2024

@Nonilex all of this mess can be laid at the feet of the Senator from KY, Mitch McConnell, starting with when he stole a nomination from President Obama. He enabled this ludicrous and dangerous constitutional crisis. Creating more seats on the court would be a temporary fix, until the next president does the same thing. It’s been a grand experiment, but fascism is here to stay.

xs4me2 Jul 1, 2024

And especially for that this ruling was made… so the discussions can be endless. Russian method, you see…

SearingTruth Jul 1, 2024

"History should be taught twice, so it will be more difficult to forget."
SearingTruth

SearingTruth Jul 1, 2024

"Have you ever wondered how good was so easily destroyed by evil in the past?

And thought to yourselves how ignorant and unaware those people must have been?

Well, look around.

Because the past is upon you."
SearingTruth

Chuck Jul 1, 2024

@Nonilex Which Biden should do to save us all.

pinkdrunkenelephants Jul 1, 2024

I feel sickened and saddened that this actually happened. That the legal system openly took the side of an evil person in front of everyone.

Séamus McGuire Jul 2, 2024

@Nonilex All Hail Joseph, Emperor of The United States!

SearingTruth Jul 1, 2024

"We suddenly discovered we had already surrendered."
SearingTruth

Michael Gemar Jul 1, 2024

@Nonilex In the midst of all this horror, I have a technical question — while this decision may apply to the president, does it apply to those who carry out any illegal actions he orders? In others words, if he orders a political opponent to be be sent to Gitmo, do those who do the arrest and imprisonment have any immunity for *their* actions? Or could *they* be prosecuted?

Nonilex Jul 2, 2024

@michaelgemar the “just following orders” defense? I think they’re only applying it to the president but I suppose it would depend on whether they liked the politician in question or not, which seems to be their only guiding logic.

Chuck Jul 2, 2024

@Nonilex So if Biden loses in November... let's see if this decision works both ways.