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Op-Ed: SCOTUS is writing its own future with the Trump immunity case

There is no statutory immunity. There never was any immunity. Move on.

Federal prosecutors have asked the US Supreme Court to decide whether Donald Trump has immunity from prosecution on charges of conspiring to overturn the 2020 election — © AFP Brendan SMIALOWSKI
Federal prosecutors have asked the US Supreme Court to decide whether Donald Trump has immunity from prosecution on charges of conspiring to overturn the 2020 election — © AFP Brendan SMIALOWSKI

I think it’s nice SCOTUS is pretending to be an actual court acting in the best interests of the community. It’s sort of folksy. It’s also just more than a bit unreal.

Yet again, the best interests of one person are taking precedence over the best interests of the nation.

Let’s start with the basics:

There is no law anywhere on Earth which empowers anyone to commit any crime at all. Nor is any court on Earth empowered to grant immunity. That’s not what courts are for.

There never has been any such law granting immunity, or “implied” law for any crime whatsoever. Doesn’t matter if you’re President or busboy. That’s it.

Nor is any court empowered to give the OK to any crime.

The word “immunity” doesn’t even exist in the Constitution. Nor is any such immunity implied.

The Supreme Court has occasionally dismissed a claim against a president, without implying total immunity.

This self-evident fact may not get a mention in Little Donny’s immunity case. SCOTUS can hang itself with a blatantly wrong judgment. It will be obvious that nobody can trust the court to deliver a finding based on law.  

Trump is responsible for this parlous state of the Supreme Court. The guy that’s been getting far more leeway than any American citizen in history in his legal cases may benefit. Trump is pushing the boundaries of democracy.

Former US President Donald Trump attends his trial for allegedly covering up hush money payments linked to extramarital affairs
Former US President Donald Trump attends his trial for allegedly covering up hush money payments linked to extramarital affairs — © AFP PATRICIA DE MELO MOREIRA

So far there’s been one law for 340+ million Americans. That doesn’t seem to be the case(s) for one person.

He breaks gag orders and then says he’s the subject of a witch hunt. He repeats his mantras of “leftists” trying to get him. A campaign of threats is waged on his behalf and he’s the victim?

Politics, schmolitics. The law is the law. You steal, commit fraud, or whatever, and you’re in jail. Robbing a car isn’t a political act. Defrauding people isn’t a political act. These are illegal acts, pure and simple. Granting immunity to anyone shouldn’t even be an issue.

American media, which has long since demoted itself toa powerless and absurd Sycophants Central, has made no impact on Trump’s cases.

There’s no pressure on anyone, least of all SCOTUS, to do much more than give the wheel another spin.

The powers of courts are not unlimited, either. Congress can overturn rulings, but only with legislation. (You would have to be insane to wade through the equivocal stuff online regarding this issue. It’s more than opaque it’s millions of words other than Yes or No.)

In the current climate, that’s not likely. In future, however, say if one party self-destructs, a reworking of the Supreme Court is far more than likely. SCOTUS has proven itself biased and unreliable.  There has been a significant backlash since Roe v Wade was overturned.

The public didn’t (and doesn’t) like the verdict, and that’s been affecting votes nationwide. It will be a major issue in the 2024 election.SCOTUS scored a major, inexcusable, own goal with that.

A court with no credibility ceases to be a court. It becomes another political actor, and a very privileged actor. That’s not in anyone’s interests. Upholding bad laws is the same as making bad laws.

There’s the question of improper findings as a whole. For instance – Why should one group’s religious beliefs be any basis for law at the expense of everyone else? Roe v Wade was always a religious issue. Under the First Amendment, that’s irrelevant. Under SCOTUS, it’s now everyone’s very much unwanted problem. People are being compelled to follow someone else’s beliefs. Another own goal.

That IS an improper finding. It’s also a national disaster, created by law. It also just happens to be the major argument for reforming SCOTUS. What a surprise.

Trump is the most likely harbinger of doom for SCOTUS. He’s the patsy for all these unelected minority interests. He’s also the one destroying the credibility of the US legal system.

He’s the guy with 88 indictments.

He’s on the way out in the next few years.

He could be the political equivalent of Jeffrey Epstein.

Ten years from now, it’ll be “Donald Who?” You’ll be able to bore people to death with a sordid and truly turgid tale of mediocrity and failure.

Politically, he and his “entourage” of antiquated has-beens are due to disappear as the Millennials, Gen Z and Alpha start voting as a majority. SCOTUS will be seen as the cause of the problems and a thing of the past.

It could well have the status of “unwanted institution”. That’s usually fatal. It’s more than likely to have a few indelible Watergate-like stains on it. It’ll look very shoddy as a legal entity with 20/20 hindsight.

The fact is that America doesn’t need yet another institutionalized liability. The future is likely to be grim enough and tough enough without SCOTUS as the go-to remedy for when you break the law.

There is no statutory immunity. There never was any immunity. Move on.

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Written By

Editor-at-Large based in Sydney, Australia.

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