(Note: On Tuesday, Margaret and I began a month-long trip to Panama. So, my blog posts may be sporadic and possibly shorter this month. I’ll do the best I can, under the circumstances, until I return at the end of the month.)
On Wednesday, the Supreme Court granted cert to Trump’s appeal of the U.S. Circuit Court of Appeals’ decision that he does not have complete immunity from criminal liability for acts taken as president. The Court has scheduled oral argument for April 22, which means a decision would not come down until late May or, perhaps, the end of June when the Court’s 2023-24 session concludes.
Assuming Trump loses his appeal (which seems likely, but you never know with this Supreme Court), the D.C. insurrection trial will probably not begin before late summer or early fall. It’s highly doubtful a decision would be rendered before the November election. Clearly, a victory for Trump.
Bill Kristol recently referred to a quote from Judge Learned Hand’s 1944 Spirit of Liberty speech regarding what this truly means:
I often wonder whether we do not rest our hopes too much upon constitutions, upon laws and upon courts. These are false hopes; believe me, these are false hopes. Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can even do much to help it.[1]
If you had any doubt before, it’s now crystal clear the Supreme Court does not uphold the principles enshrined in the Constitution or serve the interests of the American people. The same may be said of the Congress as well. If it had adhered to Constitutional principles, Trump would have been found guilty by the Senate after he was impeached by the House in 2021. And even the Department of Justice cannot be relied upon by the American people. If it had served the people’s interests, Trump would have been brought to trial long before now for fomenting the January 6th insurrection.
Yet, there is a silver lining here. All those who still believe in democracy – Democrats, Never Trump Republicans, and Independents – now know that they, including everyone reading this and myself, must double their efforts to ensure the re-election of Biden and save our democratic republic. By the time the election rolls around next fall, very few voters will have any question about Trump’s efforts to provoke the January 6th insurrection and overturn the 2020 election. Of course, Trump’s loyal followers will stand by “their president” no matter what. That’s what cults do.
As Ben Franklin said on the last day of the Constitutional Convention on September 18, 1787, we have a republic, “if you can keep it.” It is now up to us, the American people, after 237 years, to make certain that we keep it. We are the ones we’ve been waiting for.
Bruce Berlin
A retired, public sector ethics attorney, Berlin is the author of Breaking Big Money’s Grip on America (See breakingbigmoneysgrip.com.), the founder of New Mexicans for Money Out of Politics, a former U.S. Institute of Peace fellow, and the founder and former executive director of The Trinity Forum for International Security and Conflict Resolution. He can be reached at breakingbigmoneysgrip@gmail.com.
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Breaking Big Money's Grip on America 