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Justice delayed is justice denied

Posted 3/7/24

Dear Editor,

I am frustrated with the Supreme Court (SCOTUS). As one of the 81 million voters who voted for Biden in 2020, (Trump at 74 million) I want to see citizen Trump held accountable for

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Justice delayed is justice denied

Posted

Dear Editor,

I am frustrated with the Supreme Court (SCOTUS). As one of the 81 million voters who voted for Biden in 2020, (Trump at 74 million) I want to see citizen Trump held accountable for his misdeeds. The Appellate Court voted unanimously that Trump did not have “absolute immunity” for actions taken while still in office, specifically his efforts to stop the counting of Electoral Ballots on January 6 and his part in the ensuing riot. Trump, as usual, appealed.

Special Counsel Jack Smith had requested that SCOTUS take up Trump’s claim of “absolute immunity” in December 2023. SCOTUS decided instead to let the Circuit Appeals Court handle the case. That took eight weeks, finally arriving at a decision a month ago, resulting in that 3 - 0 decision (both Republican and Democratic justices) denying Trump’s claim.

Trump waited two weeks to appeal. SCOTUS waited two weeks to state that they would take up the appeal. Then they set opening arguments for April 22, seven more weeks. It’s a slow walk. It now makes it less likely that the American people will hear the evidence about what a scofflaw Trump is.

It plays like the usual Trump playbook. Deny, attack, delay.

Does SCOTUS have its thumb on the scale of justice, tilting it in favor of Trump? The idea of absolute immunity from prosecution for misdeeds while serving in office is ridiculous. The Founding Fathers wanted to be sure we did not have a president with such unchecked power.

When the appellate court heard oral arguments, they asked many hypothetical questions of possible behavior by a president, such as could a president assassinate their opponent, and not be criminally liable. (One thinks of Putin and Alexei Navalny.)

Trump’s lawyers answered that he would have to be impeached first, sending a basic criminal act into a political arena; we saw how that went with the Republican congress. SCOTUS could have decided not to take up this frivolous waste of political theater. Now, after months of delay, it is possible that the American people won’t see the evidence against Trump.

I leave you with some quotes to ponder.

From Steve Bannon, from a hot mike, recorded days before January 6, “And what Trump’s going to do is just declare victory, right? He’s gonna declare victory, but that doesn’t mean he’s the winner, he’s just going to say he’s a winner… He’s gonna declare himself a winner. So when you wake up Wednesday morning, it’s going to be a firestorm. Also… if Trump is losing by 10:00 or 11:00 at night, it’s going to be even crazier, you know because he’s gonna sit right there and say they stole it…”

That is exactly what Donald Trump did. It was premeditated.

Paul Ryan, former Republican Speaker of the House, “All our basic rights and freedoms flow from a fidelity to the Constitution and the rule of law. This principle is not only fundamentally American but a central tenet of conservatism. Under our system, voters determine the President, and this self-governance cannot sustain itself if the whims of Congress replace the will of the people.

“I would urge members to consider the precedent that it would set. Efforts to reject the votes of the Electoral College and sow doubt about Joe Biden’s victory strike at the foundation of our republic. It is difficult to conceive of a more anti-democratic and anti-conservative act than a federal intervention to overturn the results of state-certified elections and disenfranchise millions of Americans.”

John Kratko, Dem Rep NY, Ranking member of the House Homeland Security committee and a former federal prosecutor. “It cannot be ignored that President Trump encouraged this insurrection – both on social media ahead of January 6, and in his speech that day. By deliberately promoting baseless theories suggesting the election was somehow stolen, the president created a combustible environment of misinformation, disenfranchisement and division. When this manifested in violent acts on January 6, he refused to promptly and forcefully call it off, putting countless lives in danger. We take oaths to defend the Constitution because at times it needs to be defended. Without the peaceful transfer of power and the acknowledgment of election results, we can’t sustain our political system.”

Liz Cheney, Republican representing Wyoming, “The President of the United States summoned this mob, assembled the mob, and lit the flame of this attack. Everything that followed was his doing. None of this would have happened without the President. The President could have immediately and forcefully intervened to stop the violence. He did not. There has never been a greater betrayal by a President of the United States of his office and his oath to the Constitution.”

Mitch McConnell, Republican Senate minority leader, “A mob was assaulting the Capitol in his name. These criminals were carrying his banners, hanging his flags, and screaming their loyalty to him. It was obvious that only President Trump could end this. Former aides publicly begged him to do so. Loyal allies frantically called the administration.

“But the president did not act swiftly. He did not do his job. He didn’t take steps so federal law could be faithfully executed and order restored. Instead, according to public reports, he watched television happily as the chaos unfolded. He kept pressing his scheme to overturn the election. Even after it was clear to any reasonable observer that Vice President Pence was in danger, even as the mob carrying Trump banners was beating cops and breaching perimeters, the president sent a further tweet attacking his vice president. We have a criminal justice system in this country. We have civil litigation. And the former presidents are not immune from being held accountable for either one.”

“Finally, Al Gore after the election was called for Bush in 2000, decided by SCOTUS in THREE DAYS! “Resolved, as it must be resolved, through the honored institutions of our democracy…. I know many of my supporters are disappointed. I am, too. But our disappointment must be overcome by our love of country.”

Peaceful transfer of power has been a hallmark of our democracy for over 200 years, until Trump. The upcoming 2024 election is one of the most consequential in US history.

We, the American people, deserve to hear the evidence. And be sure to vote.

Bill Thibedeau

Gilpin County