From ‘A Nation of Laws’ To ‘Laws Don’t Apply To Trump’

I’ve been feeling sick inside since mid-morning. Thursday is July 4, when we typically celebrate Independence Day. However, that’s the day the Declaration of Independence was announced/published. The vote itself was taken on July 2, 1766. The debate on July 1 and July 2 prior to that history changing vote was passionate from both proponents and opponents of declaring this to be a nation free and separate from England. John Adams who would eventually become our first VP and then second President was a leader for independence. On this day and the next 248 years ago a central theme of his case was to build a nation, a Republic and one governed by laws, not men. More plainly put, no one should have king like powers. The government would as noted in the Declaration itself derive its power from the consent of those governed.

SCOTUS, in its zeal to insulate Donald Trump and the powerful interests of The Federalist Society goals (all six GOP appointees on the Court are longtime members) of remaking the government.  John Adams who was a brilliant lawyer and the other delegates to that Continental Congress would be appalled tonight.  Later, when our Constitution was being written and ratified our leaders were if not terrified then deeply fearful of the concentration of power, especially in the hands of one man. That’s why we have three separate branches of government. ‘Checks and Balances’ if you will. For damned sure they wanted to ensure no President had king-like powers.

Still a couple hundred years later a group of conservatives set about what they knew would be a decades long task of nullifying what the framers of our Constitution set forth. One of concepts they came up with was the so-called Unitary Executive theory.  According to the Wikipedia link:

The general principle that the president controls the entire executive branch was originally rather innocuous because it was understood that the president would execute the law. However, extreme forms of the theory have developed in which the president’s wishes exceed the law.

At least if a Republican is in the White House there are some pretty wild views however. The next sentence of the paragraph reads:

Former White House Counsel John Dean explains: “In its most extreme form, unitary executive theory can mean that neither Congress nor the federal courts can tell the President what to do or how to do it, particularly regarding national security matters.”

I brought up John Dean for the benefit of those who didn’t live through Watergate. He was WH Counsel for Nixon during that dark episode and wound up in prison for his actions. Nixon of course was pardoned by Gerald Ford, but some years later in that infamous interview with David Frost Nixon when asked about the legality, or lack thereof of his actions Nixon famously, defiantly even responded:

People were stunned and have remained so. However, for conservatives who have pushed the Unitary Executive Theory Nixon’s statement is gospel. And it became a dream of theirs to grant Presidents that kind of power. Well, Republican Presidents. Is there anyone reading this who doesn’t believe the howls of protest that would erupt if a DEMOCRATIC President behaved in such a manner? And boldly declared I’m President and there’s nothing you can do about it?

Today, SCOTUS has codified what Nixon said into law.  How cynical. They know damned well that as of 10:30 this morning if President Biden were to order their Federalist Society Fascists butts on the Court rounded up and shot on the SCOTUS steps they’ve given him to do the power to do exactly that. But unlike Trump (or other Republicans which I’m sure are out there) Biden would never do any such thing. These are vile, despicable people who voted to grant Trump immunity. They know goddamned well that if he becomes President he’ll abuse his power. Just as the know President Biden or any Democrat that could ever get nominated this cycle or any other would not.

I keep saying when these Federalist Society types talk about going back to originalism they aren’t talking about the Constitution. No, they want a return to the Articles of Confederation with a President that has the powers of a king. Who can change the rules or order his “Lords” (rulers of various states or parts of states) to do whatever he wants them to do. Including rounding up critics/opponents and if not summarily executing them then tossing them into a dark cell somewhere and throwing away the key.

Perhaps they were afraid Trump might win in November. I feared they might come up with a Bush v Gore, “Trump Immunity” ruling of some sort that wasn’t supposed to be used as precedent but they’ve gone way the hell beyond that. Because they feared he’d have THEM rounded up if they didn’t give him what he wanted? Oh, they tried to provide a bit of a fig leaf of theoretically Trump can be prosecuted but as legal types have dug into the ruling, limits on what evidence can even be introduced make a conviction exceedingly difficult.

248 years ago our founders were engaged in the process of declaring Independence from England. Today, June 1, 2024 SCOTUS has effectively created Trump Independence/Immunity Day.  My dad was right four and a half decades ago. He said I’d live out my life under a different form of government (he foresaw the rise of Reagan before many others did) and as of today I, and you to live in a different country. A President has the power of a King, or worse a Dictator.

I wish I believed in hell because that’s where the six “justices” who voted for Trump’s Presidential Immunity nonsense belong. Right f**king now.

Take a look at the dramatization of the debate that took place in Independence Hall 248 years ago. I can’t get it out of my mind. It’s hard not to feel despair, but there’s a fight to come and we’d better be ready for a bar brawl to hold on to some semblance of the country we had before this morning:

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