#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

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

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

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”….

#law

…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.

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.

#law #immunity

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.

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.

“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

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.

#law

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.

#SCOTUS #law

@Nonilex

And ... what to do about it?

Yeah ... 😏

@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 $$.

@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.

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

@Nonilex @TAI

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.

@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.

@Nonilex

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

Little checkboxes aren't enough to save us.

@violetmadder suggestions?

@Nonilex

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.