Tag: scotus

The Supreme Court and Total Audacity

The Supreme Court and Total Immunity

When Donald Trump made his claim for the total immunity of presidents, I thought it was an outrageous attempt by a guilty, out-of-touch liar making a last-ditch effort to avoid serious criminal convictions in the courts of Georgia, D.C., and Florida. I still believe that. Nevertheless, the Supreme Court’s ruling last Monday was even more outrageous. It essentially declared that all U.S. presidents are above the law, transforming the presidency into a monarchy.

SCOTUS tried to make a distinction between official, governmental acts (for which the president would be immune) and private, personal actions (for which the president could be criminally liable). At a superficial level, this sounds reasonable, but it is fraught with problems. Almost any action, if it involves any part of the governmental apparatus, can be declared official and, therefore, provide grounds for immunity.

Weaponizing the Federal Government – In the last decade, both Republicans and Democrats have accused the other side of utilizing the instruments of the government (The Department of Justice, the IRS, etc.) to take down political opponents. The prosecution of Hunter Biden and the current charges against Trump are examples of this alleged weaponization. Nevertheless, under the new SCOTUS ruling, if a sitting president gave the order to the DOJ, that act could be an official governmental action and, therefore, the president would be immune.

Trump – Applying the SCOTUS ruling to the cases against Trump, he would probably be declared immune from the charges leveled against him for his actions/inactions regarding the insurrection of January 6, 2021. He could be declared immune from charges for the mishandling of secret government documents at his Mar-a-Lago residence in Florida. He would probably be immune from the charge of overturning the election results (eg. phone call to Georgia Secretary of State Raffensperger) and so on.

Historical Precedent – This SCOTUS ruling goes against all examples in our U.S. history. The founders of our country and the signers of our Constitution had just fought a long war to break free from the “total immunity” of a king. They gave no hint that a president would be “above the law”. They knew that power can lead to corruption and that absolute power “corrupts absolutely”, and therefore they put restrictions and limits on the presidency. Former president Nixon would be provided immunity for his Watergate crime under this ruling.

Crazy Audacity – Trump made another crazy claim. He stated that he made his appeal to the Supreme Court not merely for his own protection, but also to protect Obama and Biden from criminal prosecution. It is tragic when people believe such self-serving lies. No president is above the law. Not Obama. Not Biden. Not Trump.

I Really Want To Respect The Supreme Court…, But Its Conduct Makes It Difficult

Healthy societies have institutions (schools, local, state, and federal governments, the police, legal courts, news sources, etc.) that are generally respected by the majority of the population. I strive to respect these institutions in the United States, but this does not mean institutions get a free pass. I take their actions and affirmations seriously because we humans, individually and collectively, are responsible for our words and deeds. Our Supreme Court does not have the approval nor respect of our citizens. Polls consistently show that less than 40% of Americans approve of the Supreme Court. Part of the problem is due to its rulings, but there are other issues of “process” that have led to this low respect. I will address the content of unsatisfactory rulings in future blog postings, but I will briefly point out two problematic processes.

  1. In early 2016, President Obama nominated Merrick Garland to the Supreme Court. Leading Republican senators (McConnell, Graham, et al) refused to even bring the nomination to the Senate. They argued that nominees should not be approved by the Senate during a presidential election year. In October 2020, Trump nominated Amy Coney Barrett to the Supreme Court even though early voting had already begun in some states! Instead of being consistent with their 2016 policy, Republican leaders brought her nomination to the Senate. This was blatant hypocrisy! Instead of denouncing this hypocrisy, many “pro-lifers” applauded it. They appealed to the unethical maxim of the “end justifies the means” (conservative justices who would overturn Roe v. Wade). I am disillusioned with leaders like McConnell and Graham who pushed through this nomination out of season, but also with those “Christians” who supported this double standard.
  2. Over a period of twenty years, Supreme Court Justice Clarence Thomas has received millions of dollars in gifts from conservative billionaire Harlan Crow. He was required to report these gifts on governmental financial disclosure forms, but he did not do so. Although every other court in the United States has a Code of Conduct which specifies actions that are permitted or prohibited for their justices, the Supreme Court has no such Code and has repeatedly refused to implement such a code.

Although we affirm that “no one is above the law”, these two examples show how some SCOTUS Justices have demonstrated they are not subject to the norms of everyday citizens. In upcoming posts, I will analyze how Monday’s ruling on Trump’s claim of “total immunity” is extremely dangerous for our country.