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.
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