Supreme Court Will Hear Trump Immunity Case

By Mildred Robertson

What is the Supreme Court Thinking!  April 22, 2024, the U.S. Supreme Court will take up a case to determine whether or if a president or ex-president has an absolute immunity claim when carrying out official duties. 

It is my hope that it is about the rule of law. I hope it is about justice. I hope it is about preserving American Democracy.  It is my hope that the Court will hold that Donald Trump is not above the law. 

The Court will address several issues in the case. One key question is whether Donald Trump has absolute immunity in his attempt to overthrow the legally elected Chief Executive of the United States of America. Trump is accused of federal election interference when he fomented an insurrection among his followers based on false claims of election tampering in several key states during the 2020 election. Another key question is whether Trump's actions related to the insurrection were an official act as president. By taking up this case the Court may stymie any attempt to litigate this issue before the November 2024 election.  

This is not a case that should be used to determine the bounds of presidential power. It is Trump's assertion that events associated with January 6th were part of his official duties as president. Fomenting insurrection is clearly a criminal offense, even if carried out from the Oval Office. But clearly, Trump has a lack of respect for the rule of law. He believes that as a president or ex-president, he is entitled to absolute power on all levels. As he is confronted with numerous instances of civil and criminal prosecutions against him, he continues to call for retribution against those seeking justice.  Prosecutors, judges, and witnesses all have been targeted by Trump loyalists who buy into the concept that theirs is a holy and justifiable quest to punish any who attempt to hold Trump accountable for criminal acts.

By taking up this case, the Supreme Court has raised the possibility of denying the American people the opportunity to have clarity on this issue before the 2024 Presidential election. Many Americans say they will not vote for Trump if he is found guilty in a criminal case. The effect of the Supreme Court's decision to take up this case may well give DeFacto immunity to Trump by dragging out the issue until it is too late (as late as the end of June) for Special Counsel Jack Smith to prosecute this case before the election. 

This is not a difficult case. Trump's assertion that a president must have absolute immunity during and after his presidency is absurd on its face. He is literally asking for a get-out-of-jail-free card. He has said that he could shoot someone on 5th Avenue and get away with it. He believes he can send in Seal Team Six to assassinate an opponent and not be held responsible. He believes he can take liberties with the bodies of women without retribution. He believes that he should be above the law. 

Not only is it easy to determine that the presidential immunity argument Trump is attempting to use is not legally sound, but the Court could also have addressed this issue by taking it up when asked by Jack Smith early on. 

It makes one wonder what the Court's intent is. 

It is my hope that they are thinking about the rule of law. I hope they will consider what is just. I hope they will preserve American democracy.  I hope that the Court will find that Donald Trump is not above the law. 

No man or woman in America is. 

 

Donald Trump's Very, Very Bad Day

 By: Mildred Robertson

Today Indicted President Donald J. Trump and his corporation were ordered to pay $345 million in damages for fraudulent business practices and have been barred from conducting business in New York for the next three years. His two sons, Donald and Eric also are barred from serving in leadership in a New York business for two years. The damages stand at approximately $437 million and counting when you include interest and the $83.3 million judgment in Trump's civil defamation case. 

Judge Arthur Engoron who issued the summary judgment says, "The frauds here leap off the page and shock the conscience."  Engoron found that the corporation borrowed more at a lower rate by falsifying financial data submitted to financial institutions. In addition, he found that Trump and his representatives were "pathological" in their refusal to admit errors in their financial statements. The judge noted their complete lack of contrition and remorse which he said bordered on pathological. Although the Trump organization repaid all the loans, Engoron says that did not justify the falsification of records, noting that, although the financial institutions in question were made whole, future institutions could possibly not fare as well.  

To make the very bad day even worse, an evidentiary hearing on a motion to dismiss Fulton County District Attorney Fani Willis from the Georgia election subversion case seems to be leaning in Willis' favor. The case was brought by Trump's co-defendants in a Georgia racketeering case involving the attempt to overturn the Georgia 2020 presidential election. They allege Willis had a conflict of interest by hiring a former lover to assist with the prosecution of the case and then profiting from his income. If successful, Willis and her entire team would be disqualified from trying Trump which could mean the end of the case. However, Trump's legal team has struggled to damage the Fulton County District Attorney's office. 

At the end of the day, things are not going well for the former president, as he grapples with 91 indictments, several successful prosecutions, and close to a half-billion dollars in judgments against him and his organization.  He's having a very, very bad day...and it is not yet midnight.