Nonilex ,
@Nonilex@masto.ai avatar

#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/

Nonilex OP ,
@Nonilex@masto.ai avatar

Although the pro- 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 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.

Nonilex OP ,
@Nonilex@masto.ai avatar

The Court’s opinion presents an absurd paradox that defeats the purpose of a constitutional governed by the rule of . It has little basis in the or in the words of the . 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.

Nonilex OP ,
@Nonilex@masto.ai avatar

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

Nonilex OP ,
@Nonilex@masto.ai avatar

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

Nonilex OP ,
@Nonilex@masto.ai avatar

…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 OP ,
@Nonilex@masto.ai avatar

We can debate the nuances of history, the Framers’ intentions, or the text of the . What the Founders of the 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….

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 OP ,
@Nonilex@masto.ai avatar

That renders the plain disclaimer on which the opinion rests—the president is not above the —a lie. More significant,the opinion depends on an implicit belief that the only person who would act so brazenly is , & 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 OP ,
@Nonilex@masto.ai avatar

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

…this [opinion] covers its w/a pretense of moderation…that would nonetheless allow a president to escape prosecution for the most heinous abuses of power imaginable. 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 to be prosecuted for doing so.

Nonilex OP ,
@Nonilex@masto.ai avatar

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

geos ,
@geos@toot.community avatar

@Nonilex
🤬

Nonilex OP ,
@Nonilex@masto.ai avatar

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 issues of ’s current federal prosecution before Trump has a chance to take again. If Trump wins, he can then—wielding the sword of “absolute immunity” that has provided—dismiss the investigations against him.

Nonilex OP ,
@Nonilex@masto.ai avatar

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

TheNovemberMan ,
@TheNovemberMan@bookstodon.com avatar

@Nonilex 👍💯👍

Nonilex OP ,
@Nonilex@masto.ai avatar

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

Nonilex OP ,
@Nonilex@masto.ai avatar

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

Nonilex OP ,
@Nonilex@masto.ai avatar

…this would mean that a president could assassinate a rival in the name of , 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 against him.

Nonilex OP ,
@Nonilex@masto.ai avatar

…The Court’s decision is not only cover for his actions following the . 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 for past , but an enthusiastic endorsement of the ones he will commit if given the chance. Trump has said he would be a “ on day one” & has vowed “” against his political opponents.

Nonilex OP ,
@Nonilex@masto.ai avatar

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

…The entire purpose of the was to create a govt that was not bound to the whims of a . 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….

hexehelicen ,
@hexehelicen@social.tchncs.de avatar

@Nonilex I am on your side. But sorry I am bitter today

That becomes tiring the little American refrain about Constitution & the Dream of The Founders

The facts:
Not one! NOT ONE military peace treaty signed with the Native American has been respected!

Great country dont do this

And during Slaughtering at Wounded Knee: the Chief of the refugee camp was shot holding the US Flag offered by some famous US President Abraham Lincoln

That US grandiloquence for the emptiness is a bit choking
sorry

TheOcelot ,
@TheOcelot@masto.ai avatar

@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

dogzilla ,
@dogzilla@masto.deluma.biz avatar

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

luv_wins ,
@luv_wins@mstdn.social avatar

@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?

gentrifiedrose ,

@Nonilex We have to ask why people elected to the supreme court are allowed to have a political preference. That doesn't inspire confidence from the get go.

WildlifeWorld ,
@WildlifeWorld@mastodon.social avatar

@Nonilex I guess I still would like to were the Democrats fighting back? Did we not know this iwas going on?

Yorgus ,
@Yorgus@mstdn.social avatar

@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.

dibi58 ,
@dibi58@this.mouse.rocks avatar

@Nonilex

amerikkka is now a kkkristians wasps talebanate ...

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

zachvat ,
@zachvat@newsie.social avatar

@Nonilex

And ... what to do about it?

Yeah ... 😏

Nonilex OP ,
@Nonilex@masto.ai avatar

@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 $$.

violetmadder ,
@violetmadder@kolektiva.social avatar

@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 ,
@TAI@mstdn.social avatar

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

Nonilex OP ,
@Nonilex@masto.ai avatar

@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 ,
@TAI@mstdn.social avatar

@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 ,
@TAI@mstdn.social avatar

@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 OP ,
@Nonilex@masto.ai avatar

@TAI what do you suggest then?

TAI ,
@TAI@mstdn.social avatar

@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

violetmadder ,
@violetmadder@kolektiva.social avatar

@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.

Nonilex OP ,
@Nonilex@masto.ai avatar

@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.

violetmadder ,
@violetmadder@kolektiva.social avatar

@Nonilex

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

Little checkboxes aren't enough to save us.

Nonilex OP ,
@Nonilex@masto.ai avatar

@violetmadder suggestions?

Nonilex OP ,
@Nonilex@masto.ai avatar

@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

zachvat ,
@zachvat@newsie.social avatar

@Nonilex

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

Sad, yet true.

Nonilex OP ,
@Nonilex@masto.ai avatar

@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 ,
@pcbeard@sfba.social avatar

@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.

PJ_Evans ,
@PJ_Evans@mas.to avatar

@Nonilex
I would dearly love to have KBJ and Roberts trade seats on the court. She's far better qualified to be Chief Justice than he is.

xs4me2 ,
@xs4me2@mastodon.social avatar

@Nonilex

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

rich ,
@rich@mastodon.gamedev.place avatar

@Nonilex surely the Venn Diagram for "illegal" and "official" is two non-overlapping circles 🤔

WildlifeWorld ,
@WildlifeWorld@mastodon.social avatar

@Nonilex you’re so right, but what are we going to do about it? That’s the problem? That is the big big big problem in the room. Talk is cheap. The Supreme Court those bastards need to be held accountable. But they won’t be. I bet you a buck they won’t be.

Nonilex OP ,
@Nonilex@masto.ai avatar

@WildlifeWorld we need 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 or expanding the court or implementing term limits.

energisch_ ,
@energisch_@troet.cafe avatar

@Nonilex so if Biden removed the right-wing extremists from Supreme Court he now wouldn't be prosecuted for the deed, but the deed would be corrected right away?

crdfilm ,
@crdfilm@mastodon.social avatar

@Nonilex Which Biden should do to save us all.

PJ_Evans ,
@PJ_Evans@mas.to avatar

@Nonilex
I remember back in 2005 the arguments over Roberts's nomination. One person I know said than that he had the potential to be a great chief justice. I haven't seen them since 2012, so I have no clue if they've changed their mind.

SeamusPM ,
@SeamusPM@mazaska.social avatar

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

wernerprise ,
@wernerprise@mastodon.bits-und-baeume.org avatar

@Nonilex

This is a dark day.

michaelgemar ,
@michaelgemar@mstdn.ca avatar

@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 OP ,
@Nonilex@masto.ai avatar

@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.

crdfilm ,
@crdfilm@mastodon.social avatar

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

SteveBologna ,
@SteveBologna@mstdn.social avatar

@Nonilex You overlook the idea that on November 6th King Biden can just declare he won and the scotus will no longer be in session ever and the insurrectionists in Congress have relocated to Guantanamo

crdfilm ,
@crdfilm@mastodon.social avatar

@Nonilex But Biden and the Democrats can do the same thing. If Trump attempts something, King Joe can take him out as part of his duties and arrest and imprison the Republicans in Congress as accomplices. They're going to need a new wing at Gitmo.

joeinwynnewood ,
@joeinwynnewood@mstdn.social avatar

@Nonilex

Link to archived version of Adam's piece (bypasses pay-wall)
https://archive.ph/0XBKr

gparenti ,
@gparenti@mstdn.social avatar

@Nonilex Here's a thought: This decision leaves impeachment as the only tool the people have left to push back against a president's crime.

nazokiyoubinbou ,
@nazokiyoubinbou@mastodon.social avatar

@Nonilex By declaring that it's ok for him to enact a violent coup to overthrow elections they also gave him permission to have a third, fourth, and as many terms as he wants (though, let's be honest, his health isn't that great. Most likely it will actually be whoever Project 2025 installs ruling the, by then, nazi nation of America at that point.)

A lot of people on the right who think they are safe since they're on the right seriously need to take a look back at history.

18+ Frances_Larina ,
@Frances_Larina@sfba.social avatar

@Nonilex

SCOTUS gave Biden the same power. He could if he wanted as of today throw the conservative majority into Guantanamo for indefinite detention and save our democracy.

He won't though, because Democrats like to follow rules and traditions.

Trump however will feel no compulsion to do the same.

xs4me2 ,
@xs4me2@mastodon.social avatar

@Nonilex

What is wrong with these evil pawns…

crdfilm ,
@crdfilm@mastodon.social avatar

@Nonilex So as a president without constraints and a judiciary that ignores the Constitution, Biden should say "I'm King President now, and I hearby declare the Supreme Court abolished, and I alone will appoint a new judiciary."

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