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‘Injustice’: Experts Condemn Supreme Court’s ‘Fundamentally Corrupt’ Trump Decision

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Legal and political experts were stunned by the Supreme Court announcing Wednesday it will take up Donald Trump’s claim of presidential immunity, despite there being no contradiction in the lower courts. Compounding experts’ surprise and concern over granting certiorari was the length of time it took to announce the decision, and that they will not hear arguments until April 22.

“The Supreme Court heard and decided Bush v. Gore in THREE DAYS. THAT was expediting a case of national importance,” noted Tristan Snell, the former New York State prosecutor who led the successful investigation and $25 million prosecution of Donald Trump’s Trump University. “The Supreme Court apparently now thinks expediting means THREE MONTHS. Clearest evidence yet that SCOTUS is corrupt and broken.”

Professor of law and MSNBC legal analyst Andrew Weissmann, the former FBI General Counsel who served at DOJ for decades, asked: “Why on god’s green earth did the S Ct [Supreme Court] not take the case earlier when the Special Counsel sought review directly from the District Court? They have really played into Trump’s hands.”

He adds: “The Supreme Court is going straight for the capillaries: an issue the DC criminal case does not raise, namely the outer bounds of a presidential immunity doctrine.”

READ MORE: Trump Swore Under Oath He Had $400 Million in Cash – Now He’s Telling a Court a Different Story

Weissman Thursday morning noted that the Supreme Court’s actions essentially make Trump “de facto immune.”

Foreign policy, national security, and political affairs analyst and author David Rothkopf replied, “I think you have answered your own question. The only reason to handle this the way they did is to, at best, play Trump’s delay game and, at worst, set the stage for one of the most indefensible, corrupt decisions (or outcomes) in US history.”

“Those who did not understand the urgency of stopping the threat posed by Trump, MAGA and the dark money right, those who did not actively hold them accountable with every available institutional tool, may have been the undoing of American democracy…no matter their intentions,” he noted.

“Let’s not beat around the bush, decision by the Supreme Court to hear the Trump immunity case is outrageous and, at its heart, fundamentally corrupt,” Rothkopf also wrote. “The Appeals Court decision was bullet proof and there is no case Trump has any sort of immunity. The decision not to hear it until late April makes further significant trial delays likely. They are deliberately delaying the trial without any reasonable legal reason to do so. This is a political decision and, in my estimation, an ugly one.”

“If a special counsel had been appointed early in 2021,” Rothkopf also wrote, “if Trump obstruction of justice had be prosecuted, if Trump had not been granted special treatment on his theft of classified documents, if the classified documents case had been brought in DC as it should have been, Trump might very well be in jail now.”

READ MORE: Comer Announces Public Hearing After Hunter Biden Closed Door Testimony

He also pointed to this monologue from MSNBC’s Chris Hayes, calling it “correct.”

University Professor Emeritus at Harvard University Laurence Tribe blasted “the SCOTUS decision to slow-walk Trump’s outrageous immunity claim — the claim everyone knows would be rejected 9-0 by any self-respecting court.”

Noting the Supreme Court could have taken up the case back in December, Tribe told CNN, “There’s nothing new under the sun” in this case. “It doesn’t make any sense to stretch this out this way.”

“We can be sure that they want to use this case to settle a whole broad range of issues, contrary to their supposed practice of deciding no more than you must decide. In fact, the Chief Justice once famously said, if we don’t have to decide something, that means we have to avoid deciding it. He’s obviously violated that mandate here and the struggle within the court results in injustice for the nation.”

Tribe also slammed the Court for choosing to announce it will decide “the broadest possible question.” He suggests they could stretch it out even more, by taking the case, hearing it, then sending it back to the lower courts again.

Daily Beast columnist and “recovering attorney” Wajahat Ali observed: “A thoroughly corrupt Supreme Court with right-wing justices bought out by conservative billionaires and beholden to Christian nationalism should not be expected to side with justice, the rule of law, or democracy. Elections matter.”

CNN Senior Supreme Court Analyst Joan Biskupic on Wednesday said, The fact that they delayed this order … suggests that they certainly did not embrace the urgency that Special Counsel Jack Smith tried to impose upon them, way back in December.”

“Former President Trump’s effort to run the clock has a partner in the Supreme Court at this point,” she notes.

Watch the videos above or at this link.

READ MORE: ‘How Extremism Is Normalized’: Schlapp Furious as Critics Slam CPAC Over Report of Nazis

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CNN Smacks Down Trump Rant Courthouse So ‘Heavily Guarded’ MAGA Cannot Attend His Trial

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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’

 

 

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‘Assassination of Political Rivals as an Official Act’: AOC Warns Take Trump ‘Seriously’

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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.

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.

RELATED: Justices Slam Trump Lawyer: ‘Why Is It the President Would Not Be Required to Follow the Law?’

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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Justices’ Views on Trump Immunity Stun Experts: ‘Watching the Constitution Be Rewritten’

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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.”

READ MORE: ‘To Do God Knows What’: Local Elections Official Reads Lara Trump the Riot Act

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.”

READ MORE: Biden Campaign Hammers Trump Over Infamous COVID Comment

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.”

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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