When this obviously corrupt and partisan SCOTUS grants Trump any form of immunity for official acts, will that finally be enough to motivate Democrats in Congress to act? And if they remand it back to Chutkin to determine which of Trump's crimes are "official acts" (none of them) will she just challenge restart the trial and tell Trump he can appeal after the verdict? Will the DC Circuit back her up? Will SCOTUS be smart enough to stay out of it? I think they want to declare total immunity for Trump (and any Republican president) but know they can't sell it. That won't stop them from trying something close.
How is it so difficult for the highest level thinkers, supposedly, to understand that providing near-absolute powers to an autocrat means that it cannot later be honed and polished to one's liking, as if the autocrat can be managed and finessed into the type of character one wants after providing the autocrat the power to dispense with the opinions of others, including those same partisans? Mitch McConnell, Lindsey Graham, Chris Sununu, Bill Barr, Samuel Alito, Clarence Thomas and others still apparently think that Trump can be controlled once back in office and with even more power, greater incentive and fewer respect for anyone and anything than before. How have these people become so deluded and ridiculously and dangerously naive? It is a classic facilitation of authoritarians by sympathetic elites who smugly believe that they know better than the king they create. But Trump is the one with the base, with the zealots and if elected again, with all the awesome powers of the American Presidency, authorized and not. Alito, Barr, McConnell and the like will soon either become further corrupted and minimized as human beings or will reject the offer of the king's hand and be isolated, removed from power or worse - and still be minimized as human beings. It is pitiful, tragic and extremely destructive for the country.
Scott, if you have the chance. read how Germans from 1926 on. blindfolded themselves to believe exactly that. That once they got their 'puppet' Adolf Hitler into power they could control him. Read about all the failed attempted coups to kill or oust him in the 1940's. People, like our current oligarchy, are so deceived by their own sense of power (look at Elon Musk) they will do anything to get more power, even support an orange buffoon.
What will we do if they actually rule that he DOES have immunity? It’s a terrifying thought but Roberts was very quiet during the arguments. If they do we all need to march
Scott, I only see one problem with what you're saying. I do believe that they understand what they're doing. Alito and Thomas know what they're doing, so we shouldn't treat them like some members of Congress who might not grasp, intellectually, the harm they are causing. These folks are grifters, and they're really not interested in anything other than fame and money, profiting off hate and resentment.
But some are ideologues and dangerous ones at that. It is they who are allowing these undemocratic ideas to have breathing room. They have become right-wing activists using originalism as a front for autocracy, plain and simple. They strongly believe in a social order determined by class and wealth.
Yes, that social pecking order was ramapant in past fascist nations and is known as social Darwinism. The fact that we have so many supporters of this concept in key positions, should be a huge red flag that we are heading toward fascism. Most of our oligarchs seem to be acolytes of a strict social hierarchy and fascism.
I almost typed that and held short. Social Darwinism. Together with eugenics, a hole that most people should not climb into without preparation. I have, because I seem to have an inability not to when I have my own questions.
The problem lies in the hypothesis itself, which accepts assumptions no scientist should simply accept, which results in strong bias. There is a living example for a person who got into this hole and seems to have not come out. James Watson.
There seems to be a connection between sociopathy/psychopathy and the love of social Darwinism. These types of people promote it. Examples-- Stalin, Hitler, Pinochet, Slobodan Milosevic, Netanyahu, tRump etc. The problem arises when large segments of a nation become infected with this mindset via propaganda. It turns nations into a hellscape.
No. They don’t think he can be controlled. He’s their tool, and they know they are playing with nitroglycerin. They are not deluded. He’s compromised enough that maybe they think they can keep him in line with an impeachment vote if he goes too far outside their lines. Their aim is minority rule. They’d prefer a more disciplined candidate, but those people don’t have the charisma, e.g., Steve Miller, DeSantis.
We have to get out the vote, elect Democrats, and demand electoral reforms like open primaries and ranked choice voting. It would be great if the National Popular Vote Interstate Compact had a few more states signed on. That would produce a majoritarian winner.
I recall when Musharraf took over Pakistan in 2001, one of the first things he did was dismantle the courts. Is there any reason to assume something similar couldn't happen here under an autocrat who decides, for instance, to declare martial law or invoke the insurrection act over border unrest?
Or worse, a newly inaugurated Trump issues the following - “Today, I am asking the liberal justices to relinquish their seats on the highest court in the land. Their decisions are un-American and are driving a wedge between us. I will be appointing three new justices in the coming days, impartial jurists, who will restore honor to the Supreme Court. John Roberts is still in charge, and I just know he will make the right decisions. If these justices do not resign, I will use the military to remove them from the bench.”
I'm waiting for someone to tell me Trump would not do that.
I don't think that's an entirely impossible scenario. Even if he made the statement via X, which is how he likes to communicate, he launches an inquiry where it becomes debatable if he's allowed to do that or not. Just making it a subject of serious discussion gives it legitimacy.
There is no question in my mind that he will do this if elected. Why? tRump is driven by his mental state. He is a seriously flawed individual, that I believe has all of the following mental aberrations-- Sadism, Machiavellianism, narcissism and sociopathy. Dr. Lance Dodes feels that tRump is a psychopath but there is really only a small difference between sociopathy and psychopathy. Either way, a very serious disorder, and dangerous!
Wouldn’t the Supreme Court “originalist” majority be surprised if Trump wins & then on Day One ignores the Constitution and dissolves Congress? Nothing in the Constitution gives the Court the power to declare and invalidate laws and executive actions as unconstitutional.
Yes, based on work done for Pinochet *by US libertarians* (connected with an institute at James Madison University as I recall) to show how their plans for an authoritative plutocracy could work in the US. This is covered in detail in Nancy MacLane’s book Democracy in Chains, a great read.
Yeah, I've read that one. George Mason University, James Buchanan and Libertarianism were its focus. It's stunning how the US OKed Friedman and Buchanan to go down there and set up a fascist regime.
I understand all this, Ruth. My concern is that after that hearing not a single Democrat in the House of Representatives has filed a bill of impeachment against all or any of the 5 men advocating for a dictatorship. Those five include the Chief Justice, for goodness sake.
I know such a bill has NO chance of being heard this year, but the gesture, the promise of intent, will convince some undecided voters to cast their ballots, instead of sitting this election out. I have emailed my Congressman and requesting such a bill, but have not heard back yet. I think it should be presented, with lots of fanfare in September immediately after the return from the Labor Day break. We may be serious, but we too, need to know our Congress people are also serious.
We don't need to "stack the court" We need to assure we appoint honest persons who 1) Know the law, 2) intend to uphold the law AS written and 3) most important swear and intend to uphold the Constitution of the United States, as it was written - not as they wish it was written.
If you have not watched the documentary "Bad Faith", re Christian Nationalist plans for America (which has, and will continue to include the Supreme Court), it is worth the hour and a half spent. I heard about it on Steve Schmidt's "The Warning" substack (another good read), and rented it thru PRIME....an eye opener
Ruth shared her spot-on knowledge about Trump in another documentary "# Unfit: The Psychology of Trump " which came out in 2020, but is even more important for folks to view now. Available on Prime and worth the 85 minutes!!!
Thank you, Ruth, for all you do to alert us !!!
Another recommendation is "God + Country " 88 minute documentary which explains many in Trump's Base, how many of Evangelical Christians were beainwashed, as their religion was hijacked and politicized by right-wing power-hungry "ministers" and ideologues who convinced their followers that Trump was "Chosen" by God to be President and that Democracy is the enemy of Christianity and should be overthrown and a theocracy should replace it! Also available for rent on Prime, and worth viewing and sharing....it is another eye-opener!!
I hate knowing that when people lie and cheat, the courts have to consider their points as being made in good faith. I wish we could get rid of all the liars and cheats, though I know that they've been working so long to achieve their current status that they would be difficult to root out.
When Biden wins again this time (speaking in faith! ♥️), he simply must expand SCOTUS to 13 asap to match the number of circuit courts. Otherwise the 3 seats already stolen from him and Obama by GOP are going to destroy us all eventually.
Susan, Biden has already expressed opposition to expanding SCOTUS. This is one of a myriad of reasons that Biden should be asked to step aside and let his VP fight for a legitimate High Court and other progressive values Biden does not support such as Single-Payer, Medicare for All and demanding a cease-fire in Gaza.
Expanding SCOTUS, is not the only option: we need to investigate and shame the 5-6 corrupt so-called justices; hence, progressives must also call for replacing the current AG, Merrick Garland, appointed by Biden, but recommended by former Senator from Utah, right-wing (fascist) Orin Hatch.
If Biden does not have the courage to fight for our democracy—only willing to stand up for fascist Netanyahu and refuses to step aside, he should be impeached, sooner rather than later.
Of course if Biden should be the Dem Party candidate to run for pres against DJT we need to hold our noses and vote for Biden.
Too late for Biden to step aside, and I think he is probably the best option Dems have to pull conservatives and independents from the middle who don't want to vote for Trump. Biden has a record of working for the American people and will not set aside the Constitution for his own ends- this has to be our primary concern if/until MAGA is fully unmasked and rejected. And the same can't be said of his opponent, under whom the lives of progressives will be immeasurably worse, even arguably in danger.
Well written. The moral compass of the Court majority and too many legislative members point in a hard right, abuse of democratic principles, direction. The terrifying factor is the policy makers and enforcers are pawns that are easily replaced once they have exhausted use. Like it or not, we are engaged in a never-ending struggle.
Thank you for your excellent essay on the Republican fascist propaganda warfare waged by their fellow travelers in robes. Taken down a serious notch after Bush v Gore, very recently I could still chuckle at a law professor proclaiming frustration in light of the unprecedented overturning of so much legal precedent: "How do you even teach Con Law anymore?". Then came the sneering contempt of Alito's Dobbs decision. Now comes this immunity case, and the law professors are stammering "There is no section in the Con Law horn-books this is even motioned and I've never even taught this!". And now we have experienced a moment of national disgrace. To quote Josh Marshall/TMP the current court is 'Totally Corrupt". The Supreme National Disgrace Court.
“The decision of the Supreme Court to hear arguments about the need for Trump to have total immunity from prosecution is a victory in itself for far-right information warfare, because it prepares public opinion to consider dictatorship as a possibility for America.”
The Supreme Court is complicit!
Totally
When this obviously corrupt and partisan SCOTUS grants Trump any form of immunity for official acts, will that finally be enough to motivate Democrats in Congress to act? And if they remand it back to Chutkin to determine which of Trump's crimes are "official acts" (none of them) will she just challenge restart the trial and tell Trump he can appeal after the verdict? Will the DC Circuit back her up? Will SCOTUS be smart enough to stay out of it? I think they want to declare total immunity for Trump (and any Republican president) but know they can't sell it. That won't stop them from trying something close.
=]
How is it so difficult for the highest level thinkers, supposedly, to understand that providing near-absolute powers to an autocrat means that it cannot later be honed and polished to one's liking, as if the autocrat can be managed and finessed into the type of character one wants after providing the autocrat the power to dispense with the opinions of others, including those same partisans? Mitch McConnell, Lindsey Graham, Chris Sununu, Bill Barr, Samuel Alito, Clarence Thomas and others still apparently think that Trump can be controlled once back in office and with even more power, greater incentive and fewer respect for anyone and anything than before. How have these people become so deluded and ridiculously and dangerously naive? It is a classic facilitation of authoritarians by sympathetic elites who smugly believe that they know better than the king they create. But Trump is the one with the base, with the zealots and if elected again, with all the awesome powers of the American Presidency, authorized and not. Alito, Barr, McConnell and the like will soon either become further corrupted and minimized as human beings or will reject the offer of the king's hand and be isolated, removed from power or worse - and still be minimized as human beings. It is pitiful, tragic and extremely destructive for the country.
Just as the Prussian elites learned to their dismay after they embraced Hitler and his motley crew of Nazi zealots.
Scott, if you have the chance. read how Germans from 1926 on. blindfolded themselves to believe exactly that. That once they got their 'puppet' Adolf Hitler into power they could control him. Read about all the failed attempted coups to kill or oust him in the 1940's. People, like our current oligarchy, are so deceived by their own sense of power (look at Elon Musk) they will do anything to get more power, even support an orange buffoon.
Trump will never be controlled by anyone! He’s much too egotistical! Once re-elected, the mule is out of the barn!
What will we do if they actually rule that he DOES have immunity? It’s a terrifying thought but Roberts was very quiet during the arguments. If they do we all need to march
Scott, I only see one problem with what you're saying. I do believe that they understand what they're doing. Alito and Thomas know what they're doing, so we shouldn't treat them like some members of Congress who might not grasp, intellectually, the harm they are causing. These folks are grifters, and they're really not interested in anything other than fame and money, profiting off hate and resentment.
But some are ideologues and dangerous ones at that. It is they who are allowing these undemocratic ideas to have breathing room. They have become right-wing activists using originalism as a front for autocracy, plain and simple. They strongly believe in a social order determined by class and wealth.
Exactly, Donald. Thank you for spelling it out. They do not care, and I would add Kavanaugh to the list.
Yes, that social pecking order was ramapant in past fascist nations and is known as social Darwinism. The fact that we have so many supporters of this concept in key positions, should be a huge red flag that we are heading toward fascism. Most of our oligarchs seem to be acolytes of a strict social hierarchy and fascism.
Yes. Get the word out. And the vote.
I almost typed that and held short. Social Darwinism. Together with eugenics, a hole that most people should not climb into without preparation. I have, because I seem to have an inability not to when I have my own questions.
The problem lies in the hypothesis itself, which accepts assumptions no scientist should simply accept, which results in strong bias. There is a living example for a person who got into this hole and seems to have not come out. James Watson.
There seems to be a connection between sociopathy/psychopathy and the love of social Darwinism. These types of people promote it. Examples-- Stalin, Hitler, Pinochet, Slobodan Milosevic, Netanyahu, tRump etc. The problem arises when large segments of a nation become infected with this mindset via propaganda. It turns nations into a hellscape.
Alito cares about his own ideology, not just fame and cash. He’s an ideologue.
No. They don’t think he can be controlled. He’s their tool, and they know they are playing with nitroglycerin. They are not deluded. He’s compromised enough that maybe they think they can keep him in line with an impeachment vote if he goes too far outside their lines. Their aim is minority rule. They’d prefer a more disciplined candidate, but those people don’t have the charisma, e.g., Steve Miller, DeSantis.
We have to get out the vote, elect Democrats, and demand electoral reforms like open primaries and ranked choice voting. It would be great if the National Popular Vote Interstate Compact had a few more states signed on. That would produce a majoritarian winner.
Spiro T. Agnew comes to mind when speaking of crimes in office.
I recall when Musharraf took over Pakistan in 2001, one of the first things he did was dismantle the courts. Is there any reason to assume something similar couldn't happen here under an autocrat who decides, for instance, to declare martial law or invoke the insurrection act over border unrest?
Or worse, a newly inaugurated Trump issues the following - “Today, I am asking the liberal justices to relinquish their seats on the highest court in the land. Their decisions are un-American and are driving a wedge between us. I will be appointing three new justices in the coming days, impartial jurists, who will restore honor to the Supreme Court. John Roberts is still in charge, and I just know he will make the right decisions. If these justices do not resign, I will use the military to remove them from the bench.”
I'm waiting for someone to tell me Trump would not do that.
Yikes, don't even think it! Trouble with a capital T.
I don't think that's an entirely impossible scenario. Even if he made the statement via X, which is how he likes to communicate, he launches an inquiry where it becomes debatable if he's allowed to do that or not. Just making it a subject of serious discussion gives it legitimacy.
He will.
There is no question in my mind that he will do this if elected. Why? tRump is driven by his mental state. He is a seriously flawed individual, that I believe has all of the following mental aberrations-- Sadism, Machiavellianism, narcissism and sociopathy. Dr. Lance Dodes feels that tRump is a psychopath but there is really only a small difference between sociopathy and psychopathy. Either way, a very serious disorder, and dangerous!
Exactly
Wouldn’t the Supreme Court “originalist” majority be surprised if Trump wins & then on Day One ignores the Constitution and dissolves Congress? Nothing in the Constitution gives the Court the power to declare and invalidate laws and executive actions as unconstitutional.
It could be like Pinochet in Chile, where he reworked their constitution to suit his fascist mindset.
Yes, based on work done for Pinochet *by US libertarians* (connected with an institute at James Madison University as I recall) to show how their plans for an authoritative plutocracy could work in the US. This is covered in detail in Nancy MacLane’s book Democracy in Chains, a great read.
Yeah, I've read that one. George Mason University, James Buchanan and Libertarianism were its focus. It's stunning how the US OKed Friedman and Buchanan to go down there and set up a fascist regime.
👍
I understand all this, Ruth. My concern is that after that hearing not a single Democrat in the House of Representatives has filed a bill of impeachment against all or any of the 5 men advocating for a dictatorship. Those five include the Chief Justice, for goodness sake.
I know such a bill has NO chance of being heard this year, but the gesture, the promise of intent, will convince some undecided voters to cast their ballots, instead of sitting this election out. I have emailed my Congressman and requesting such a bill, but have not heard back yet. I think it should be presented, with lots of fanfare in September immediately after the return from the Labor Day break. We may be serious, but we too, need to know our Congress people are also serious.
We don't need to "stack the court" We need to assure we appoint honest persons who 1) Know the law, 2) intend to uphold the law AS written and 3) most important swear and intend to uphold the Constitution of the United States, as it was written - not as they wish it was written.
If you have not watched the documentary "Bad Faith", re Christian Nationalist plans for America (which has, and will continue to include the Supreme Court), it is worth the hour and a half spent. I heard about it on Steve Schmidt's "The Warning" substack (another good read), and rented it thru PRIME....an eye opener
Thx for the recommendation, Roby.
Ruth shared her spot-on knowledge about Trump in another documentary "# Unfit: The Psychology of Trump " which came out in 2020, but is even more important for folks to view now. Available on Prime and worth the 85 minutes!!!
Thank you, Ruth, for all you do to alert us !!!
Another recommendation is "God + Country " 88 minute documentary which explains many in Trump's Base, how many of Evangelical Christians were beainwashed, as their religion was hijacked and politicized by right-wing power-hungry "ministers" and ideologues who convinced their followers that Trump was "Chosen" by God to be President and that Democracy is the enemy of Christianity and should be overthrown and a theocracy should replace it! Also available for rent on Prime, and worth viewing and sharing....it is another eye-opener!!
do we have the skywriting technology for this essay? it needs to be read, re-read, metabolized - wake up, peeps
I hate knowing that when people lie and cheat, the courts have to consider their points as being made in good faith. I wish we could get rid of all the liars and cheats, though I know that they've been working so long to achieve their current status that they would be difficult to root out.
When Biden wins again this time (speaking in faith! ♥️), he simply must expand SCOTUS to 13 asap to match the number of circuit courts. Otherwise the 3 seats already stolen from him and Obama by GOP are going to destroy us all eventually.
There are 15 circuit courts.
Thanks- District courts of appeal, perhaps?
https://en.m.wikipedia.org/wiki/File:US_Court_of_Appeals_and_District_Court_map.svg
I hear this figure commonly referred to as a rationale for possible expansion since SCOTUS size isn't specified in law.
Susan, Biden has already expressed opposition to expanding SCOTUS. This is one of a myriad of reasons that Biden should be asked to step aside and let his VP fight for a legitimate High Court and other progressive values Biden does not support such as Single-Payer, Medicare for All and demanding a cease-fire in Gaza.
Expanding SCOTUS, is not the only option: we need to investigate and shame the 5-6 corrupt so-called justices; hence, progressives must also call for replacing the current AG, Merrick Garland, appointed by Biden, but recommended by former Senator from Utah, right-wing (fascist) Orin Hatch.
If Biden does not have the courage to fight for our democracy—only willing to stand up for fascist Netanyahu and refuses to step aside, he should be impeached, sooner rather than later.
Of course if Biden should be the Dem Party candidate to run for pres against DJT we need to hold our noses and vote for Biden.
Too late for Biden to step aside, and I think he is probably the best option Dems have to pull conservatives and independents from the middle who don't want to vote for Trump. Biden has a record of working for the American people and will not set aside the Constitution for his own ends- this has to be our primary concern if/until MAGA is fully unmasked and rejected. And the same can't be said of his opponent, under whom the lives of progressives will be immeasurably worse, even arguably in danger.
Oh boy! Are you ever on a roll! 👏🏻👏🏻👏🏻
Well written. The moral compass of the Court majority and too many legislative members point in a hard right, abuse of democratic principles, direction. The terrifying factor is the policy makers and enforcers are pawns that are easily replaced once they have exhausted use. Like it or not, we are engaged in a never-ending struggle.
Thank you for your excellent essay on the Republican fascist propaganda warfare waged by their fellow travelers in robes. Taken down a serious notch after Bush v Gore, very recently I could still chuckle at a law professor proclaiming frustration in light of the unprecedented overturning of so much legal precedent: "How do you even teach Con Law anymore?". Then came the sneering contempt of Alito's Dobbs decision. Now comes this immunity case, and the law professors are stammering "There is no section in the Con Law horn-books this is even motioned and I've never even taught this!". And now we have experienced a moment of national disgrace. To quote Josh Marshall/TMP the current court is 'Totally Corrupt". The Supreme National Disgrace Court.
“The decision of the Supreme Court to hear arguments about the need for Trump to have total immunity from prosecution is a victory in itself for far-right information warfare, because it prepares public opinion to consider dictatorship as a possibility for America.”
This is how people come to “obey in advance”.