News
‘Crisis’: Expert Calls SCOTUS ‘Illegitimate’ and Warns Its ‘Judicial Terrorists’ Are a ‘Threat to Democracy’
Well-known political expert, author, journalist, and CEO David Rothkopf is blasting conservatives on the U.S. Supreme Court after their disastrous rulings last week, warning the Court is now a “threat to democracy” and suggesting some justices should be “considered” for impeachment.
Rothkopf, also a national security and foreign policy commentator, is a columnist for The Daily Beast and the author at least seven books, including American Resistance.
“Watching debates about Supreme Court here and elsewhere is the latest study in GOP efforts to normalize the unconscionable, the corrupt, and the contra-constitutional. This is a court in which a majority of those on the right took their seats under questionable circumstances,” Rothkopf said at the start of a lengthy thread on Twitter.
“Of them, a cloud of corruption hangs over Thomas & Alito. Kavanaugh took [his] seat despite allegations against him that were not properly investigated. Questions surround his payoff of personal debts. Gorsuch’s ascension is also clouded by questions surrounding Kennedy’s departure,” he says.
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Justice Clarence Thomas has been under fire for months over his relationship with billionaire GOP donor and businessman Harlan Crow, who reportedly has had business before the high court. The far-right wing justice and his wife, Ginni Thomas, (who has been accused of working to undermine the 2020 presidential election results,) may have received gifts totaling over $1 million in luxury vacations, travel, food, lodging, and clothing. Experts say Thomas was required to disclose portions of those gifts and that he did not.
Justice Samuel Alito is also the beneficiary of luxury travel, including a fishing trip to Alaska courtesy of another billionaire, and a trip to Rome during which he delivered a highly-criticized speech just days after delivering his opinion striking down Roe v. Wade. That trip was reportedly paid for by a religious liberty organization whose leader reportedly bought Justice Amy Coney Barrett’s Indiana home.
U.S. Supreme Court Justice Samuel Alito delivered the keynote address last week at the 2022 Notre Dame Religious Liberty Summit in Rome. #ReligiousLiberty2022
Read a summary of his remarks and watch a video of his full speech here: https://t.co/KuCkdBWbHa pic.twitter.com/uU2pRYFqkt
— Notre Dame Law School Religious Liberty Initiative (@NDLawRLI) July 28, 2022
Indeed, Rothkopf also skewers Justice Barrett, or at least her confirmation.
“Barrett received her seat in a rush to judgment that was unlike any we have ever seen and completely contrary to the way the GOP Senate treated prior Dem nominees (Garland). In the time since the majority took over, they have cast aside one core principle after another,” he observes.
“Stare decisis went out the window. (Precedents were ignored without any sound justification.) Promises to honor past decisions as established law (like Roe) proved worthless. Past claims that the right valued originalism and condemned judicial activism were wholly ignored,” Rothkopf charges.
“When precedent went against them, absurd arguments drawing on ancient and irrelevant legal decisions were used to supersede the clear intent of the framers and decades, sometimes centuries of legal precedent.”
Last week, he says, we saw “a decision on affirmative action that ignored precedent, reality, and justice and contained, in its carve-out for military academies, a sub-decision that refuted the logic of the main opinion. In the case of reversing the Biden student loan decision,” Rothkopf writes, “a brand new doctrine was presented out of whole cloth. The decision regarding the ‘right’ of a website designer to refuse to do work for a ‘gay’ couple was based on both a lie and a hypothetical, should never have been taken on as a case and was grossly wrong on the law,” he adds.
Rothkopf appears to believe the conservative justices will not stop.
“These judges are acting with impunity because they believe a GOP controlled Senate will never challenge them and that a fundamental flaw in the way the Constitution grants power to underpopulated states assures that the document that was created to evolve never will,” he writes.
And he suggests some of the Supreme Court’s justices might need to be impeached.
“They also know that Senate rules essentially mean they can act with impunity despite their wholesale corruption and the fact that several of them should, in all likelihood, be seriously considered for impeachment.”
Pointing to Washington Post columnist Jennifer Rubin, he adds: “This is, as [she] has said a constitutional crisis. This is an illegitimate, rogue institution that is seeking to reverse decades of progress and impose the will of a white, wealthy, Christian, male, straight minority on the majority of Americans.”
“This is a moment that calls for action on the part of Democrats in power to use their ability to call Senate hearings and to challenge this extremist cluster of judicial terrorists wherever possible. But more than that, it demands absolutely clarity from the voting public,” he says.
Rothkopf warns conservatives in the Court are poised to do even more damage to democracy and the American people.
“Unless Democrats win the presidency, hold and increase their majority in the Senate and retake the House, this tiny band of malevolent and dangerous actors will gut many of the most important provisions of the past century and a half of American law.”
“They will destroy lives and put millions of others at risk. Next year’s election must be in part, about this threat to democracy even as it is also about the threat posed by GOP presidential candidates. Stop. Consider the consequences.”
He warns minority Americans will continue to see their civil rights “stripped” away.
“Consider the basic rights that will be stripped away from women, people of color, our LGBTQ brothers and sisters, voters, and all who believe in the ideals that have guided American leaders as we have struggled to perfect our nation,” he says. “The only people who can save us are you and your fellow voters. The only way to do so is to mobilize, be active, donate to candidates and remain committed to defending our country against the threat posed by the MAGA GOP in our legislature and our judiciary. Starting right now.”
Image: Adam Parent/Shutterstock
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Donald Trump’s Friday morning claim Manhattan’s Criminal Courts Building is “heavily guarded” so his supporters cannot attend his trial was torched by a top CNN anchor. The ex-president, facing 34 felony charges in New York, had been urging his followers to show up and protest on the courthouse steps, but few have.
“I’m at the heavily guarded Courthouse. Security is that of Fort Knox, all so that MAGA will not be able to attend this trial, presided over by a highly conflicted pawn of the Democrat Party. It is a sight to behold! Getting ready to do my Courthouse presser. Two minutes!” Trump wrote Friday morning on his Truth Social account.
CNN’s Kaitlan Collins supplied a different view.
“Again, the courthouse is open the public. The park outside, where a handful of his supporters have gathered on trials days, is easily accessible,” she wrote minutes after his post.
READ MORE: ‘Assassination of Political Rivals as an Official Act’: AOC Warns Take Trump ‘Seriously’
Trump has tried to rile up his followers to come out and make a strong showing.
On Monday Trump urged his supporters to “rally behind MAGA” and “go out and peacefully protest” at courthouses across the country, while complaining that “people who truly LOVE our Country, and want to MAKE AMERICA GREAT AGAIN, are not allowed to ‘Peacefully Protest,’ and are rudely and systematically shut down and ushered off to far away ‘holding areas,’ essentially denying them their Constitutional Rights.”
On Wednesday Trump claimed, “The Courthouse area in Lower Manhattan is in a COMPLETE LOCKDOWN mode, not for reasons of safety, but because they don’t want any of the thousands of MAGA supporters to be present. If they did the same thing at Columbia, and other locations, there would be no problem with the protesters!”
After detailing several of his false claims about security measures prohibiting his followers from being able to show their support and protest, CNN published a fact-check on Wednesday:
“Trump’s claims are all false. The police have not turned away ‘thousands of people’ from the courthouse during his trial; only a handful of Trump supporters have shown up to demonstrate near the building,” CNN reported.
“And while there are various security measures in place in the area, including some street closures enforced by police officers and barricades, it’s not true that ‘for blocks you can’t get near this courthouse.’ In reality, the designated protest zone for the trial is at a park directly across the street from the courthouse – and, in addition, people are permitted to drive right up to the front of the courthouse and walk into the building, which remains open to the public. If people show up early enough in the morning, they can even get into the trial courtroom itself or the overflow room that shows near-live video of the proceedings.”
READ MORE: Justices’ Views on Trump Immunity Stun Experts: ‘Watching the Constitution Be Rewritten’
Democratic U.S. Rep. Alexandria Ocasio-Cortez is responding to Thursday’s U.S. Supreme Court hearing on Donald Trump’s claim he has “absolute immunity” from criminal prosecution because he was a U.S. president, and she delivered a strong warning in response.
Trump’s attorney argued before the nation’s highest court that the ex-president could have ordered the assassination of a political rival and not face criminal prosecution unless he was first impeached by the House of Representatives and then convicted by the Senate.
But even then, Trump attorney John Sauer argued, if assassinating his political rival were done as an “official act,” he would be automatically immune from all prosecution.
Justice Sonia Sotomayor, presenting the hypothetical, expressed, “there are some things that are so fundamentally evil that they have to be protected against.”
RELATED: Justices’ Views on Trump Immunity Stun Experts: ‘Watching the Constitution Be Rewritten’
“If the president decides that his rival is a corrupt person, and he orders the military, or orders someone to assassinate him, is that within his official acts for which he can get immunity?” she asked.
“It would depend on the hypothetical, but we can see that could well be an official act,” Trump attorney Sauer quickly replied.
SCOTUS Justice Sonia Sotomayor: “If the president … orders someone to assassinate [a rival], is that within his official acts for which he can get immunity?”
Trump attorney D. John Sauer: “It would depend on the hypothetical, but we can see that could well be an official act.” pic.twitter.com/RddEEYIUrR
— The Recount (@therecount) April 25, 2024
Sauer later claimed that if a president ordered the U.S. military to wage a coup, he could also be immune from prosecution, again, if it were an “official act.”
The Atlantic’s Tom Nichols, a retired U.S. Naval War College professor and an expert on Russia, nuclear weapons, and national security affairs, was quick to poke a large hole in that hypothetical.
“If the president suspends the Senate, you can’t prosecute him because it’s not an official act until the Senate impeaches …. Uh oh,” he declared.
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U.S. Rep. Alexandria Ocasio-Cortez blasted the Trump team.
“The assassination of political rivals as an official act,” the New York Democrat wrote.
“Understand what the Trump team is arguing for here. Take it seriously and at face value,” she said, issuing a warning: “This is not a game.”
Marc Elias, who has been an attorney to top Democrats and the Democratic National Committee, remarked, “I am in shock that a lawyer stood in the U.S Supreme Court and said that a president could assassinate his political opponent and it would be immune as ‘an official act.’ I am in despair that several Justices seemed to think this answer made perfect sense.”
CNN legal analyst Norm Eisen, a former U.S. Ambassador and White House Special Counsel for Ethics and Government Reform under President Barack Obama, boiled it down: “Trump is seeking dictatorial powers.”
Watch the video above or at this link.
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Legal experts appeared somewhat pleased during the first half of the Supreme Court’s historic hearing on Donald Trump’s claim he has “absolute immunity” from criminal prosecution because he was the President of the United States, as the justice appeared unwilling to accept that claim, but were stunned later when the right-wing justices questioned the U.S. Dept. of Justice’s attorney. Many experts are suggesting the ex-president may have won at least a part of the day, and some are expressing concern about the future of American democracy.
“Former President Trump seems likely to win at least a partial victory from the Supreme Court in his effort to avoid prosecution for his role in Jan. 6,” Axios reports. “A definitive ruling against Trump — a clear rejection of his theory of immunity that would allow his Jan. 6 trial to promptly resume — seemed to be the least likely outcome.”
The most likely outcome “might be for the high court to punt, perhaps kicking the case back to lower courts for more nuanced hearings. That would still be a victory for Trump, who has sought first and foremost to delay a trial in the Jan. 6 case until after Inauguration Day in 2025.”
Slate’s Mark Joseph Stern, who covers the courts and the law, noted: “This did NOT go very well [for Special Counsel] Jack Smith’s team. Thomas, Alito, and Kavanaugh think Trump’s Jan. 6 prosecution is unconstitutional. Maybe Gorsuch too. Roberts is skeptical of the charges. Barrett is more amenable to Smith but still wants some immunity.”
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Civil rights attorney and Tufts University professor Matthew Segal, responding to Stern’s remarks, commented: “If this is true, and if Trump becomes president again, there is likely no limit to the harm he’d be willing to cause — to the country, and to specific individuals — under the aegis of this immunity.”
Noted foreign policy, national security and political affairs analyst and commentator David Rothkopf observed: “Feels like the court is leaning toward creating new immunity protections for a president. It’s amazing. We’re watching the Constitution be rewritten in front of our eyes in real time.”
“Frog in boiling water alert,” warned Ian Bassin, a former Associate White House Counsel under President Barack Obama. “Who could have imagined 8 years ago that in the Trump era the Supreme Court would be considering whether a president should be above the law for assassinating opponents or ordering a military coup and that *at least* four justices might agree.”
NYU professor of law Melissa Murray responded to Bassin: “We are normalizing authoritarianism.”
Trump’s attorney, John Sauer, argued before the Supreme Court justices that if Trump had a political rival assassinated, he could only be prosecuted if he had first been impeach by the U.S. House of Representatives then convicted by the U.S. Senate.
During oral arguments Thursday, MSNBC host Chris Hayes commented on social media, “Something that drives me a little insane, I’ll admit, is that Trump’s OWN LAWYERS at his impeachment told the Senators to vote not to convict him BECAUSE he could be prosecuted if it came to that. Now they’re arguing that the only way he could be prosecuted is if they convicted.”
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Attorney and former FBI agent Asha Rangappa warned, “It’s worth highlighting that Trump’s lawyers are setting up another argument for a second Trump presidency: Criminal laws don’t apply to the President unless they specifically say so…this lays the groundwork for saying (in the future) he can’t be impeached for conduct he can’t be prosecuted for.”
But NYU and Harvard professor of law Ryan Goodman shared a different perspective.
“Due to Trump attorney’s concessions in Supreme Court oral argument, there’s now a very clear path for DOJ’s case to go forward. It’d be a travesty for Justices to delay matters further. Justice Amy Coney Barrett got Trump attorney to concede core allegations are private acts.”
Due to Trump attorney’s concessions in Supreme Court oral argument, there’s now a very clear path for DOJ’s case to go forward.
It’d be a travesty for Justices to delay matters further.
Justice Amy Coney Barrett got Trump attorney to concede core allegations are private acts.⬇️ pic.twitter.com/F3qXi47ZT6
— Ryan Goodman (@rgoodlaw) April 25, 2024
NYU professor of history Ruth Ben-Ghiat, an expert scholar on authoritarians, fascism, and democracy concluded, “Folks, whatever the Court does, having this case heard and the idea of having immunity for a military coup taken seriously by being debated is a big victory in the information war that MAGA and allies wage alongside legal battles. Authoritarians specialize in normalizing extreme ideas and and involves giving them a respected platform.”
The Nation’s justice correspondent Elie Mystal offered up a prediction: “Court doesn’t come back till May 9th which will be a decision day. But I think they won’t decide *this* case until July 3rd for max delay. And that decision will be 5-4 to remand the case back to DC, for additional delay.”
Watch the video above or at this link.
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