I consumed all of the public information available and much of the analysis for the Presidential Immunity case before the Supreme Court that was argued yesterday. For those that track the SCOTUS analysis offered by the knowledgeable Dalia Lithwick and Ian Bassin — yesterday was a “we hope we’re wrong, but this sure seems like a historical inflection point for corruption of the Court and its effect on American Democracy” moment.
So, with that said, I also have some small measure of hope that the non-Alito / Thomas conservative Justices were “Stress testing” the arguments of Special Counsel Jack Smith by Mr. Dreeben.
However — from the underlying stench of Mitch McConnell’s Senatorial weapon of mass destruction application to the Advice and Consent role for the consideration of a Supreme Court Justice presented by the first Black President in American history to the abject criminality of 3 Trump justice nominees perjuring themselves during confirmation — circumstances are congealing to extinguish all expectation of Good Faith from the Conservative 6. Hope may not spring eternal here.
We are now at the point where SCOTUS is seemingly saying the quiet part out loud — at the pinnacle of American Jurisprudence we are corrupt and there’s nothing anyone can do about it. That is being manifested by anywhere between 2 and 6 Justices.
Unfortunately the most widely held notion — one that the Constitution imperfectly but in good faith tried to protect against — absolute power corrupts absolutely is in full operation in our country. Justices Alito and Thomas are the walking, talking perfect embodiment of that notion. “We’re corruptly uni-directional toward the right wing result we seek as an outcome for everything that comes before us — we know it, you know it and you all can bite me if you don’t like it”.
Returning to yesterday’s case — many believe the Court will throw this case back down to the District Court level with the decision that any particular Presidential act has to be found to be “outside the periphery of the scope of official Presidential acts” to be considered as not otherwise subject to Presidential Immunity claims. That will provide the “outcome” they seek — likely delaying the Jan 6th Jack Smith trial until after the November election.
If that does happen, perhaps Biden should take the opening they are providing to the Office of the President and drive a truck through it. Coincident with his Independence Day address to the nation, he should announce that under the newly established parameters of Presidential conduct granted to the office by the recent SCOTUS ruling, he is appointing 4 new Justices to the Supreme Court. He can let the nation know that under these new broad powers he has alerted the Senate that the Advice and Consent clause means that the President has the authority to expand the Court — it’s an official act — and that his interpretation of Advice and Consent is that the Senate has to vote to remove his appointments — not approve them in advance. HIs 4 new appointed Justices’ term begins immediately until and unless they are removed by a vote of the Senate.
‘Dear Senate Republicans — Bite me!’
s/ JRB
Case 1 of new term — taken on an expedited basis on the shadow docket. Texas, Florida, Ohio — you’re in violation of the newly re-evaluated Voting Rights Act and your Electoral Votes will be dis-regarded in November. Bummer.
NB — italics = snark…… for the most part. ;-)