The higher one gets, the more important the decisions one has to make. Many, if not most people complain about not being high enough to make crucial decisions but in truth don’t want to. They don’t actually make an earnest effort to get real power/authority. Some who do find they don’t really want it after all. The trappings of power and authority? Sure. However in crunch time when it really, really matters they shy away and “pass the buck” to someone else to make the tough decisions. President Harry Trump, the straightforward blunt Midwesterner famously kept a sign on his desk that said “The Buck Stops Here.” It was simple enough for everyone to get. Presidents sit at the top of the government pyramid and when it comes to one person having to make a decision there isn’t anyone higher to “pass the buck” to.
From where I sit, legally speaking the hottest potato or “buck” isn’t the ballot access case SCOTUS will hear next month. No, it remains Trump’s immunity appeal. His WTF? claim of “Presidential Immunity” from criminal acts. District Court judge Tanya Chutkan issued a well-reasoned and thorough decision denying Trump’s motion to have his case dismissed back on Dec. 2. Even the MAGA village idiot knew he’d appeal and of course he did. Jack Smith tried to accelerate things and have SCOTUS take up the case directly but on Dec. 20 they took a pass. It was in the terse manner they almost always use when declining to hear a case, a one sentence statement denying Cert but the truth is they signaled right then and there they want NO part of this Presidential Immunity Business.
Practically speaking SCOTUS, the highest court in the land passed the buck and worse, they passed it down to a lower level. The DC Circuit which already had the appeal process in the works in the normal way. They’d scheduled oral arguments for Jan. 9, 2024. Five freaking weeks between the original decision and even hearing oral arguments. I’ve ranted about it before and will address in in another article again but I want to keep this “on point” if you’ll forgive a legal term. When Jan. 9 (finally) rolled around it was clear the three judge panel was two things – well prepared and skeptical of the arguments Team Trump presented in their pre-hearing motions. I listened to the audio live and didn’t need any pundit to tell me that was the case.
Different judges seemed to address different issues when question Trump’s lawyer. He knew they weren’t buying his bullshit and more than once offered to sit down and let the other side take the hot seat. And the judges kept him up there at the podium. There was general consensus in the pundit class that Trump’s appeal was going to be denied and the only real question was on what grounds and how quickly the panel would issue its ruling. That was the initial take. I’ve been highly critical ever since the end of that week came and went and there was no ruling. I’m sure each judge had if not a working draft then an outline with some stuff written in on why they were denying Trump’s arguments. I could see them taking a few days to combine it all into a ruling.
The main thing is that speculation turned to whether the DC Circuit would agree to hear the appeal en banc and how long THAT would take. Even just deciding to do so. And then how long SCOTUS might take with the case. If they agreed to hear it it was said we might, might have a trial starting in late May or June but there was a possibility they wouldn’t even issue a ruling until June! In which case Trump would have gotten what he wanted which was enough delay to string things on a bit more and into that DOJ window where any prosecution would “go dark.”
The other possibility is the one I’ve said all along would be the case. SCOTUS would with a solid ruling from the appellate court simply deny Cert and the case would be back in judge Chutkan’s hands and move forward. That all could have happened before the end of this month mind you. Yes, the March 4 trial date would have slipped but we could still be looking at late March or early April. Plenty of time to hold the trial and get a verdict. Except it’s now almost the end of Jan. 25 and STILL crickets from the DC Circuit. And NO indications on when they might issue a ruling.
Even most pundits who sling bullshit (as far as I’m concerned) that the appellate process is moving at “breakneck” or “lightning” speed are surprised it’s taking so long. Almost all of them including some of the strongest apologists indicate some surprise that we didn’t get a ruling after two weeks. Then this afternoon I read and article that made my blood run cold. Raw Story wrote about how legal analyst Harry Litman’s concerns and they worry the hell out of me. Litman’s concerns go beyond the “passage of days” in fact. What he goes on to express are what he has apparently come to regard as signals of a divided opinion with judge Henderson being the one he cites as writing a separate opinion. That it would complicate matters and lead to additional delays:
Litman was referring to Republican-appointed judge Karen Henderson, who raised the possibility during oral arguments that the case could be sent back to the trial court to analyze whether Trump’s actions could be considered official acts as president — which could impact his immunity claim and possibly delay the trial that’s scheduled to start in early March.
I’ve seen Litman on TV since. He and others are suggesting that when you consider the focus of Henderson’s questions during oral argument that even though she didn’t necessarily buy into the “outer perimeter of the President’s duties” thing she might feel there’s just enough there to remand the case back down to judge Chutkan for a ruling specifically addressing it. Whenever they do finally get around to issuing a ruling if that’s part of it everything goes back to judge Chutkan who will have to address the matter in more detail. And of course Trump will appeal THAT and more precious weeks, hell MONTHS will be lost. Again, that gives Trump a good chance of getting his DC trial delayed until after the election.
Remember how I said earlier SCOTUS didn’t want the “buck” and passed it to the lower DC Circuit to handle? I don’t think it’s a stretch to say at least one of the judges on the panel don’t want it either, and is doing all she can to pass the buck – back down to judge Chutkan! I am disgusted beyond words and my blood pressure is through the roof in recent hours thinking about all this. SCOTUS and these appellate judges worked like hell to get their positions. No one forced them to seek out, much less accept the authority and responsibility they hold. Well, they got what they wanted and in the case of many on the DC Circuit including perhaps one or more of the judges on the panel they aspire to elevation to SCOTUS one day.
ALL of them are failing to meet this moment in our nations history. SCOTUS, the judges on the panel and perhaps even colleagues on the rest of the DC Circuit. Yes, I understand the death threats already aimed at them. But judges all over the country live with that every day and most don’t have the U.S. Marshall’s service, especially at the level available in DC protecting them and in some cases their loved ones. It does with the job just as the very real possibility of me dying somewhere in the Chouf Mountains overlooking the airport in Beirut existed when at age 26 I became a Marine. One who volunteered for infantry. Some things that are unpleasant and even dangerous go with the job in certain professions.
If someone isn’t up to the task then don’t take the job. Or get the hell out when the full weight of it sinks in and it’s not worth it. But if you seek out the highest, or next to highest level then do the f**king job. What you DON’T do is Pass The Buck!!!!
Harry Truman must be spinning in his grave.
As for the bullshit about the appeals process moving rapidly I’ll address that in a separate article.
An aerial photo of Arlington cemetery with thousands of white crosses should mean something to these pampered self important cowards. If it had all along we wouldn’t be at this crossroads. You’re on point in my book Marine.
I would really wish that if the cretin’s trials are held back so long that his lawyer can move that the trial; be delayed as his client is ‘campaigning for the presidency’ and the judge responds “Tough – if you hadn’t constantly wasted time with all those stupid appeals, the trial would be over and done with. Request denied”
“President Harry Trump”?
Trump isn’t fit to shine Truman’s shoes. 🙂
I was going to point that one out. But figured someone else would. 😊😊😊