As you’ve probably heard by now, the U.S. Court of Appeals for the District of Columbia, in a unanimous ruling, rejected the claim by Donald J. Trump that he is immune from prosecution for acts he took while he was president, upholding Judge Tanya Chutkan’s previous ruling to that effect. The decision refers repeatedly to the charges against Trump that he attempted to overturn the results of the 2020 presidential election in a bid to remain in power, at one point listing the offenses he is accused of committing under three separate federal statutes – “conspiracy to defraud the United States under 18 U.S.C. § 371; conspiracy to obstruct and obstructing an official proceeding under 18 U.S.C. §§ 1512(c)(2), (k); and conspiracy to deprive one or more individuals of the right to vote under 18 U.S.C. § 24.”
Thank you. I was just wondering if the hand-picked stooges on the SC would dare to rule against him right now because this is the big ruling; if he can’t claim immunity he is cooked. As a New Yorker, I have watched him weasel out of every single lawsuit he’s ever had thrown at him by this evasive procedure of lawyers filing appeal after appeal till he wears down the opposition. All of his trials at this point are backed up. This is what is so disheartening. Judge Chutkan’s election interference trial was set for March 4
And now to our embarrassing Supreme Court that has evolved to be the worst SC in our history. I wish it were’t true, but it is. Please God, the conservative gaggle surprises us and actually acts with intellectual integrity… but I doubt it.
I wouldn't be surprised to see them deny cert. This is a legacy-on-the-line kind of case, and I doubt even soulless Thomas wants to go down in history as granting blanket immunity to this twisted f**k.
The only Republican on the DC panel, Karen Henderson, said in oral arguments “I think it’s paradoxical to say that his constitutional duty to take care that the laws be faithfully executed allows him to violate criminal laws”. I think that if she figured out that no logical acrobatics exist to justify immunity, her like-minded supreme cohorts are likely to come to the same conclusion.
I agree, the opinion is really complete, I don't know what more the S.Ct. could add and doubt that Roberts wants to see them invite even more controversy. This would be an easy one to sit out.
Thomas should not even be allowed to have a vote! It would behoove the SC to stroke the public and not grant a hearing at all. They must crawl back up the ladder, if they (Alito, Gorsuch, Barrett, Kavanaugh, & Thomas {UGH!} are to get back into our good graces. I don’t have any graces to grant them but you know what’s I mean.
I agree Michael that the ultra conservative MAGA sympathisers on the SC would want to rule in Trump's favor but surely even they would realize that such a ruling would mean any future president, including democrats could order the execution of a political rival and have no fear of consequences. In other words,become as much of a dictator as Putin or any other dictator, thus the absolute end of democracy.
And if they are OK with Trump engaging in insurrection to stay in power, then it would be just fine for Biden to do the same. VP Harris could declare Biden as the electoral count victor.
Good point, Shee-rah. but given that the Dems are the good guys in this movie we call life and the GOPS the bad guys, Biden would never resort to underhanded dealings, but if he did the SC that might let Trump off the hook wouldn't rule in favor of Biden as you say.
I know Biden and Harris would not engage in insurrection, but if it’s good for the goose (Mango Monster and the maggots), it’s good for the gander (Biden and the Dems).
Exactly. As you say if the formally Grand Old Party can engage in subterfuge we should be able to too, but the Dems for the most part live to a higher standard. We don't as just one example, try to make it more difficult to vote for Republicans, or remove them from voting polls on flimsy excuses, or block legislation on a voting rights bill, etc., only those who know they can't win a fair fight do that. We don't try to dictate to women which medical procedures they can have and which they can't under penalty of law. We don't say we believe in the sanctity of life on the one hand and then allow any mentally troubled individuals who is barely an adult free and easy access to weapons of war that only a well armed and highly trained militia should have. And we don't block the other side from nominating a Supreme Court candidate because it's too close to an election, then allow it for our candidate under the same circumstances .
Regarding the current immunity situation, this is such a fundamental question as to anyone in their right mind would even think that the president of a democratic republic would have absolute immunity from prosecution after leaving office for criminal activity while in office. No debate is even warranted by the Supreme Court. A child could tell them that would be wrong.
This one might not be the worst court ever but I'm pretty sure that Roger Taney's pleased for the competition. I can't wait to see how the Nine Wise Souls mangle the upcoming Fourteenth Amendment case, which ought by all rights -- especially for this gang of "originalists" (yeah, right) -- to be a 9-0 approval of the Colorado disqualification with a one-page opinion.
I've also thought for years that "originalism" is the faith that all legislators really meant whatever Scalia thought they should have meant. It's nonsense, the classic intellectual secret sauce, the experiment that can never be replicated. Ridiculous.
Wishful thinking, I believe. I think this SC will take this up, Thomas will not recuse, they will protect Trump, and without repercussion, will move on. Tragic and sad.
I agree totally,the decision is valid let it stand,the Supreme Court doesn’t want to take anymore heat! They are pushing the limits of what they can expect the reasonable people of the country to accept!There’s a point where the people will react differently than the sheep they suppose them to be!
The Supreme Court con-servatives won't act with intellectual integrity, but they will let the lower court's decision stand because they can now see that their trump train is crashing.
Hear evil. See evil. Do evil. I think that's the extent of their "intellectual integrity". A lot of people are optimistic. I'll believe it when I see it. Their duplicity is just bottomless, just like their master, the convicted sexual abuser.
Well, stand by for the tiresome and predictable whining of this weak and cowardly man. They’re all unfair. They all “hate” Trump. Biden is secretly behind this ruling, pulling unseen strings.
Do you suppose that ANY of his brain-dead goons EVER wonder how and why so many people, and judges, and juries, one after another, all hate Trump? Weird coincidence, ain’t it? “They’re all against me.”
If Roberts wants to preserve his own legacy, he will persuade his colleagues to deny cert on this case. We shall see if he has enough sway to override Thomas and Alito.
I think he was naive. Roberts in his gilded ivory tower never saw the backlash coming, and he never thought that states would enact outright bans. Kind of on par with his destruction of the VRA. He never thought that states would go to such lengths to prevent black people from voting.
He was nominated for the position of Chief Justice by Dubya Bush, a president who, immho, appointed horrible advisors, and then took their advice. Cheney, anyone? How about Rumsfeld? For all his supposed intellect, Roberts has always appeared to me as someone perfectly comfortable not paying attention.
I have no kind words for Cheney or Rummy, but we can at least admit that they had principles. Evil, hateful principles, but principles nonetheless. They will always act in accordance with those principles regardless of consequences. And they understood that while you may win a few, you will also lose a few. The key for them was to win more than they lost. Roberts, on the other hand, is an ideologue. He will do whatever it takes to arrive at his preferred outcome. And let's be real, he was nominated for CJ because W had no viable alternatives in the wings. Alito who was the second choice after Harriet whatzhername?
Thanks for always being on top of matters as critical as this and laying them out in layman's terms. You continue to convey a ray of hope during this interminable 8+ year assault on the foundation & structure of our democracy, human decency and personal intellect.
“The Supreme Court will be hard pressed not to deal with any appeal by Trump expeditiously.”
Sadly, placing any faith whatsoever in the integrity of this court is an exercise in folly. All they need to do is sit on this, and if he gets reelected, all the wheels come off our democracy.
Today I had a surgical procedure early this morning-and when I came home, I read this very welcome news, making my day better for the fact that Donald Trump has been found to be an ordinary person, unlike certain Kings, and cannot claim immunity from anything.
I just hope that if the SC hears it they will take less time and deliver it along with their decision about whether or not Trump can stay on the ballot because of the allegations that led to this decision cited to refer to them. (I hope it is a firm "no.")
And just to make the pot even sweeter, if Judge Engoron would release his decision within the same time period, Donald Trump will have one of the worst days in his life and we can finally watch the SS Trump sink under the weight of all those rulings.
Sweet!!!! I was feeling really down this morning, realizing that we have a lunatic driving a bus that had half of the country in it, and that he fully intended to drive it over a cliff if he didn't get his way, very possibly taking our beloved democracy with it. The repugnantkins desire to hold the patriots of Ukraine hostage, after what they have endured had me feeling physically sick. I have been reading the Amicus briefs to the Supreme Court regarding the 14th Amendment, and while the arguments for the insipid clown's disqualification seems patently obvious, Dobbs takes away any confidence that the Supreme Court will do what is right, I so want to be proven wrong. This is the first really good news on the legal front since the E Jean verdict which most of us celebrated as justice served, not just is and live with it. My hope is that the Supreme Court will read this unanimous verdict and say that they have nothing to add. Thursday morning we'll get to listen in to oral arguments on the Colorado 14th Amendment disqualification, I plan on tuning in.
On a whim, I went to Jena Griswold's FB, she is the Sec of State Colorado. Never read such vitriol and open hate by Colorado Trumpers...scary threats daily.
Whee!!! The takedown we're been waiting for since the big liar made his first public statement years ago. SCotUS has declined so far to disgrace itself totally on his behalf, and I have not abandoned hope [nb Arthur Beckman's comment on SCotUS]. Pls keep the good news flowing, Lucian. —diane
In first sentence, Court of Appeals for District of Columbia, not Second Circuit.
“In absolute governments the King is law, so in free countries the law ought to be King; and there ought to be no other.”
– Thomas Paine, Common Sense (1776)
Thomas Paine - one of the greatest minds.
Common sense!👍
Note: Trump has the worst record in appealing to the SC of any modern president.
https://www.washingtonpost.com/.../trump-has-worst.../
In particular, note these one-liner SCOTUS rejections:
11/23/22 - Rejected Trump appeal to shield tax returns from House Democrats (no dissents)
2/22/22 - Rejected Trump request to block release of White House records related to 1/6 attack on the Capitol
10/13/22 - Rejected a request from Trump to intervene in the litigation over documents seized from his Florida estate (no dissents)
3/8/21 – Rejected additional Trump appeals related to 2020 election challenges
2/22/21 – Rejected Trump appeals related to 2020 election challenges
12/9/20 - Rejected a challenge to President-elect Joe Biden's victory in Pennsylvania
Thank you. I was just wondering if the hand-picked stooges on the SC would dare to rule against him right now because this is the big ruling; if he can’t claim immunity he is cooked. As a New Yorker, I have watched him weasel out of every single lawsuit he’s ever had thrown at him by this evasive procedure of lawyers filing appeal after appeal till he wears down the opposition. All of his trials at this point are backed up. This is what is so disheartening. Judge Chutkan’s election interference trial was set for March 4
Sounds like she will be aiming for July/August..BEFORE the election at any rate!
Thank God he's been a failure in court, as well as in office.
Give him this credit, very consistent.
And now to our embarrassing Supreme Court that has evolved to be the worst SC in our history. I wish it were’t true, but it is. Please God, the conservative gaggle surprises us and actually acts with intellectual integrity… but I doubt it.
I wouldn't be surprised to see them deny cert. This is a legacy-on-the-line kind of case, and I doubt even soulless Thomas wants to go down in history as granting blanket immunity to this twisted f**k.
The only Republican on the DC panel, Karen Henderson, said in oral arguments “I think it’s paradoxical to say that his constitutional duty to take care that the laws be faithfully executed allows him to violate criminal laws”. I think that if she figured out that no logical acrobatics exist to justify immunity, her like-minded supreme cohorts are likely to come to the same conclusion.
I agree, the opinion is really complete, I don't know what more the S.Ct. could add and doubt that Roberts wants to see them invite even more controversy. This would be an easy one to sit out.
I hope so. We'll see. Someday. Sooner rather than later hopefully.
Thomas should not even be allowed to have a vote! It would behoove the SC to stroke the public and not grant a hearing at all. They must crawl back up the ladder, if they (Alito, Gorsuch, Barrett, Kavanaugh, & Thomas {UGH!} are to get back into our good graces. I don’t have any graces to grant them but you know what’s I mean.
I agree Michael that the ultra conservative MAGA sympathisers on the SC would want to rule in Trump's favor but surely even they would realize that such a ruling would mean any future president, including democrats could order the execution of a political rival and have no fear of consequences. In other words,become as much of a dictator as Putin or any other dictator, thus the absolute end of democracy.
And if they are OK with Trump engaging in insurrection to stay in power, then it would be just fine for Biden to do the same. VP Harris could declare Biden as the electoral count victor.
Good point, Shee-rah. but given that the Dems are the good guys in this movie we call life and the GOPS the bad guys, Biden would never resort to underhanded dealings, but if he did the SC that might let Trump off the hook wouldn't rule in favor of Biden as you say.
I know Biden and Harris would not engage in insurrection, but if it’s good for the goose (Mango Monster and the maggots), it’s good for the gander (Biden and the Dems).
Exactly. As you say if the formally Grand Old Party can engage in subterfuge we should be able to too, but the Dems for the most part live to a higher standard. We don't as just one example, try to make it more difficult to vote for Republicans, or remove them from voting polls on flimsy excuses, or block legislation on a voting rights bill, etc., only those who know they can't win a fair fight do that. We don't try to dictate to women which medical procedures they can have and which they can't under penalty of law. We don't say we believe in the sanctity of life on the one hand and then allow any mentally troubled individuals who is barely an adult free and easy access to weapons of war that only a well armed and highly trained militia should have. And we don't block the other side from nominating a Supreme Court candidate because it's too close to an election, then allow it for our candidate under the same circumstances .
Regarding the current immunity situation, this is such a fundamental question as to anyone in their right mind would even think that the president of a democratic republic would have absolute immunity from prosecution after leaving office for criminal activity while in office. No debate is even warranted by the Supreme Court. A child could tell them that would be wrong.
So true!!!
Absolutely ridiculous and ludicrous!
This one might not be the worst court ever but I'm pretty sure that Roger Taney's pleased for the competition. I can't wait to see how the Nine Wise Souls mangle the upcoming Fourteenth Amendment case, which ought by all rights -- especially for this gang of "originalists" (yeah, right) -- to be a 9-0 approval of the Colorado disqualification with a one-page opinion.
It is a Jesuit court, originalists, ha ha.
The founding fathers were strongly anti Jesuit.
Scalia was the biggest liar to serve.
Think English protestants had a Roman Catholic cult in mind for the Supreme Court?
I've also thought for years that "originalism" is the faith that all legislators really meant whatever Scalia thought they should have meant. It's nonsense, the classic intellectual secret sauce, the experiment that can never be replicated. Ridiculous.
No, but I've thought for years that the GOP and Leonard Leo had exactly that in mind.
Roberts is Taney, Roberts lying is responsible for the Iraq war.
They may just let the Appeals Court ruling stand. That gets them SOMEWHAT out of the fix.
Wishful thinking, I believe. I think this SC will take this up, Thomas will not recuse, they will protect Trump, and without repercussion, will move on. Tragic and sad.
They won’t. Every member of the DC court is on the SCOTUS short list.
DC court also handles all of the federal government operations cases.
The rule of law will stand.
I hope not, but, I share the sentiment.
I agree totally,the decision is valid let it stand,the Supreme Court doesn’t want to take anymore heat! They are pushing the limits of what they can expect the reasonable people of the country to accept!There’s a point where the people will react differently than the sheep they suppose them to be!
The Supreme Court con-servatives won't act with intellectual integrity, but they will let the lower court's decision stand because they can now see that their trump train is crashing.
Hear evil. See evil. Do evil. I think that's the extent of their "intellectual integrity". A lot of people are optimistic. I'll believe it when I see it. Their duplicity is just bottomless, just like their master, the convicted sexual abuser.
Well, stand by for the tiresome and predictable whining of this weak and cowardly man. They’re all unfair. They all “hate” Trump. Biden is secretly behind this ruling, pulling unseen strings.
Do you suppose that ANY of his brain-dead goons EVER wonder how and why so many people, and judges, and juries, one after another, all hate Trump? Weird coincidence, ain’t it? “They’re all against me.”
Persecution complex.
Crybaby WAAAA!!
If Roberts wants to preserve his own legacy, he will persuade his colleagues to deny cert on this case. We shall see if he has enough sway to override Thomas and Alito.
Would that he had exercised such concern in re: Dobbs. 🤬
I think he was naive. Roberts in his gilded ivory tower never saw the backlash coming, and he never thought that states would enact outright bans. Kind of on par with his destruction of the VRA. He never thought that states would go to such lengths to prevent black people from voting.
He was nominated for the position of Chief Justice by Dubya Bush, a president who, immho, appointed horrible advisors, and then took their advice. Cheney, anyone? How about Rumsfeld? For all his supposed intellect, Roberts has always appeared to me as someone perfectly comfortable not paying attention.
I have no kind words for Cheney or Rummy, but we can at least admit that they had principles. Evil, hateful principles, but principles nonetheless. They will always act in accordance with those principles regardless of consequences. And they understood that while you may win a few, you will also lose a few. The key for them was to win more than they lost. Roberts, on the other hand, is an ideologue. He will do whatever it takes to arrive at his preferred outcome. And let's be real, he was nominated for CJ because W had no viable alternatives in the wings. Alito who was the second choice after Harriet whatzhername?
Miers
This column must have been a joy to write. Thank you.
It was a joy to read for sure.
Now to wait as the wheels of justice bump along.
BAM!! WHAMO!! BOOF!! KERBLOOEY!! Thanks Lucien!!
Indeed!!!
Thanks for always being on top of matters as critical as this and laying them out in layman's terms. You continue to convey a ray of hope during this interminable 8+ year assault on the foundation & structure of our democracy, human decency and personal intellect.
“The Supreme Court will be hard pressed not to deal with any appeal by Trump expeditiously.”
Sadly, placing any faith whatsoever in the integrity of this court is an exercise in folly. All they need to do is sit on this, and if he gets reelected, all the wheels come off our democracy.
Today I had a surgical procedure early this morning-and when I came home, I read this very welcome news, making my day better for the fact that Donald Trump has been found to be an ordinary person, unlike certain Kings, and cannot claim immunity from anything.
I just hope that if the SC hears it they will take less time and deliver it along with their decision about whether or not Trump can stay on the ballot because of the allegations that led to this decision cited to refer to them. (I hope it is a firm "no.")
And just to make the pot even sweeter, if Judge Engoron would release his decision within the same time period, Donald Trump will have one of the worst days in his life and we can finally watch the SS Trump sink under the weight of all those rulings.
As E. Jean said, 'he's nothing'!
🤞🏻🤞🏻🤞🏻. After Roe v Wade, I am not confident they have any true moral compass anymore.
No, but their funders have financial ones, and the tide$ are turning.
Sweet!!!! I was feeling really down this morning, realizing that we have a lunatic driving a bus that had half of the country in it, and that he fully intended to drive it over a cliff if he didn't get his way, very possibly taking our beloved democracy with it. The repugnantkins desire to hold the patriots of Ukraine hostage, after what they have endured had me feeling physically sick. I have been reading the Amicus briefs to the Supreme Court regarding the 14th Amendment, and while the arguments for the insipid clown's disqualification seems patently obvious, Dobbs takes away any confidence that the Supreme Court will do what is right, I so want to be proven wrong. This is the first really good news on the legal front since the E Jean verdict which most of us celebrated as justice served, not just is and live with it. My hope is that the Supreme Court will read this unanimous verdict and say that they have nothing to add. Thursday morning we'll get to listen in to oral arguments on the Colorado 14th Amendment disqualification, I plan on tuning in.
On a whim, I went to Jena Griswold's FB, she is the Sec of State Colorado. Never read such vitriol and open hate by Colorado Trumpers...scary threats daily.
Whee!!! The takedown we're been waiting for since the big liar made his first public statement years ago. SCotUS has declined so far to disgrace itself totally on his behalf, and I have not abandoned hope [nb Arthur Beckman's comment on SCotUS]. Pls keep the good news flowing, Lucian. —diane
WHAM! BAM! Thank you, Court of Appeals, Judge Chutkan, and to Lucian, thanks for posting this so expeditiously!
Thanks Lucian.... This was an excellent service to the public. Wish more folk will read it.