We’re waiting, and every day we wait is another day Trump gets closer to what he desperately craves and needs – his DC trial for his role in the January 6 insurrection delayed past the election! Some, although not all readers on PZ agree with me this has gone on for too long. And yes, there are legal pundits apologizing for the DC Court of Appeals claiming that while to us mere mortal “lay people” there’s foot dragging the court is moving at if not breakneck speed then much faster than normal.
I call bullshit. AGAIN!
No less than SCOTUS decided a freaking Presidential election in three freaking days. In 2000 they got the Bush v Gore appeal one day, heard oral arguments the next and rendered their (much criticized) opinion the next day. THAT might friends is how quickly the federal courts can move when there’s urgency to a given matter. Bush v Gore had an extreme level of urgency and the courts, both state and federal dealt with complicated issues with remarkable speed. I might in fairness add that SCOTUS knew this was going to wind up with them and both the Justices and all their clerks were following matters and doing gobs of research.
So, having said that let me point out that it was on DECEMBER 2, 2023 that judge Chutkan delivered what all have said was a well-crafted and solid ruling denying Trump’s novel, manufactured out of thin shart-stinky air his claim of “Presidential Immunity” from criminal prosecution. Remember that date as we proceed. Now, to absolutely no one’s surprise Trump filed an appeal. That’s what he does. Filing appeals and working courts to delay accountability comes as naturally to him as breathing. Everyone knew he’d appeal, including the very appellate court he’d first turn to. So what did the three judge panel at the DC Circuit do? They dithered and then set a date of January freaking 9, 2024 for oral arguments. We are now near the end of January 21 and STILL crickets from them.
Yes, the holidays were coming up but there was a March 4 trial date looming and this case was a solid and limited one that could very well end Trump’s bid to become dictator and I’m not exaggerating with that part. He’s not only said as much, there is an actual team of people hard at work, people who unlike him not only have the same evil intentions but know how the system actually works, and who know how to actually get sh*t done on his team behind the scenes. Yet we also know that for all the MAGA fervor, there’s a large chunk of Republicans who polling shows wouldn’t vote for Trump if he’s convicted criminally. Add them to most independents and of course Democrats and Trump’s WH bid would be toast. That’s what makes this trial so important.
With an impartial judge Trump would have already stood trial, and on NATIONAL SECURITY crimes starting in December. That case would already be in a jury’s hands by now and maybe a verdict already rendered. But his pet judge Aileen Cannon has no intention of that trial happening prior to the election. In the meantime, and almost certainly with cloak & dagger help from The Federalist Society she’s doing all she can to make sure she kills the chances of conviction (if Trump loses and she has to hold a trial after all) by a death of a thousand cuts. That my friends is why the DC case on January 6 related charges is so crucial. And needs to start if not on March 4 as scheduled (highly unlikely already) but in late March or early April. If you read this excellent analysis even that is in serious doubt.
Time is of the essence. I’ll say it again. The DC Court of Appeals, widely considered (for good reason) the second most important court in the country needs to get the f**k over their vastly self-overrated importance. Their belief that are “all that”, and sooooooo freaking special. This I remind you might be a different panel, but it’s part of the same Circuit that didn’t finally rule on an appeal of a gag order in the DC case that was issued on October 6 until DECEMBER 11, 2024!
WHATÂ THEÂ HELLÂ ISÂ TAKINGÂ SOÂ LONG?
It was clear from oral arguments the three judges were well prepared. And that they weren’t buying Trump’s bullshit. And I don’t want to hear any stuff like one person commented here on PZ (a prior article) about making extra sure to dot all the i’s and cross all the t’s. Bullshit. Their feelings are two things – self-importance/righteousness about how “special” they are and that people like them are sooooooo effing important we lesser folks with just have to be patient and let them bask in all that. The second is butt-hurt petulance over not just us more mortal lay people but even a couple of well known legal scholars and pundits suggesting it should take less than a week for them to rule. And when they didn’t dare to wonder why not?
This trial needs to happen. This panel has already almost certainly f**ked the chance of it starting on time but we’ve crossed into territory where even the end of March is unlikely. Before much longer, and if SCOTUS takes its time deciding whether to grant cert on THAT appeal (I still say they won’t but they can still give Trump the gift of time) we will be well into the summer with the conventions approaching. If you think a trial and conviction this spring will cause an uproar imagine the sh*tshow a trial this summer would be!
In the meantime the death threats, the poisoning via intimidation of the jury pool and the daily chance for Trump (and RWNJ news) to whip MAGA into another Jan. 6 type frenzy continues. Yes, the country is on fire. Every day Trump is pouring gasoline on the flames. EVERYÂ SINGLEÂ DAY! And the judges sit on their hands, refusing to do what they know and have known since the day they heard oral arguments will do. Rule against Trump. The know it. We (including even Trump) know it. And they KNOW we know it.
Yet they refuse to act.
Screw them and for that matter their apologists with their “this is actually fast by federal standards” bullshit. They can go straight to hell.
With our country burning they should start personally suffering from the flames.
Ironic isn’t it…that the LAW would facilitate it’s own demise. I have a book of the complete German history with one section covering how Hitler used the law against itself until he finally became the state. It has many photos of original documents and events. Seeing their high court of ‘judges’ all giving the nazi salute is chilling. We are in dangerous times that most Americans are sleep walking through. We have a cultural arrogance that will bring our downfall if we don’t realize we are not immune to a fascist takeover of our country. There are clear parallels. Carnage is on the horizon. VOTE while we still can.
Excellent parallel. Using freedom to kill it. Factoid: SCOTUS heard arguments, AND ruled on Gore v Bush 2001 within 24 HOURS. These can pick up the pace. If they choose. If they want to keep their jobs. Trump would “drain the Court”. Guaranteed.
Yes, but of course, Gore vs Bush being decided so fast helped the republicans, not the Democratic Party and delaying this case helps the republicans, not the Dems.
So the republican biased courts are at least consistent in their inconsistency.
Biased toward republicans and against Democrats and not neutral.
Let’s hope meaningful court reforms don’t take as long.
Just remember that with the Gore v Bush case, the thing had bounced around the Florida courts for nearly a month before it got to SCOTUS. Then there was also a DAMNED GOOD reason for the speed in that decision: A little thing called the Electoral College. Believe it or not but the EC has a LEGAL date for the electors to meet and the SCOTUS decision was based on THAT! Gore wanted to continue the recount but SCOTUS determined there would not be ample time to do a PROPER AND FAIR recount (that was the key sticking point–did the recount cover only a select group of counties or the whole state) before the Electoral College deadline (IIRC, the deadline was that Tuesday or Wednesday).
(There’s no point arguing the merits or flaws of the EC but the Feds have put a statutory date the EC MUST meet and it cannot be changed that easily. The alternative would’ve meant Florida’s electors would’ve been nullified and the decision would have gone to the House to decide–in which case Bush would get the minimum 26 state delegations to win.)
It didn’t help that Bush’s daddy appointed judges on that court and his brother was governor of Florida. If I remember correctly, I believe his state purged many democratic voters off the rolls. I’m sure you know the details as always.Ha.
It’s not as simple as you suggest, even now. The so-called “safe harbor” deadline is a practical means of minimizing controversy and designed to smooth the process of opening and counting the Electoral Votes by Congress. Those words “safe harbor” don’t (and haven’t) appeared in actual relevant statutes. Practically speaking, what it means is that IF a given Secretary of State has certified the results in their state by the deadline (6 days before the electors in each state around the country meet and cast their votes) then that’s it. Congress HAS to accept that state’s slate of electoral votes. Game over so to speak. However, there was nothing in the law that prevented both the Democratic and Republican electors in FL meeting and casting their votes on Dec. 18, 2000. It would have then been up to Congress to decide which slate of elector’s votes would be counted, or to reject both and leave Florida’s electoral votes out of the final tally. That would as you note have thrown the election to the House to decide.
At the heart of all this is what’s known as the safe harbor provision means that IF the results have been certified by a Secretary of State by that date then Congress has to accept the electoral votes that that state sends to them after the designated electors have met and voted. Had the recount in 2000 continued past the deadline, or in theory even after the designated day for the Electoral College to meet Congress could have accepted either slate of elector’s votes, or neither one.
Gore chose not to push the issue, although he could have. Odds were stacked against him however as the FL Supreme Court could have under FL law found a way to extend that states safe harbor deadline but it seemed unlikely they’d do so. AND with Bush and his SecState, the infamous Katherine Harris gumming up the works of a recount they could have manipulated things to keep any statewide hand recount from being completed before the EC was to meet on Dec. 18, 2000. As I’ve said, Congress STILL could have accepted and counted a slate of electoral votes from FL but let’s face it. The shit-show we saw in 2020 would have been a love fest compared to what would have gone down in 2020.
I know you disagree with me on the time it’s taking the DC Circuit to rule. And you are correct that SCOTUS in 2020 saw all this brewing for a month before they got involved. In fact I made that point in my article. I ALSO made the point that Trump appealing was as predictable as the sun rising in the east each morning. Even before judge Chutkan issued her denial of Trump’s motion for immunity on Dec. 2 there was a “leadup” period. But let’s for the sake of argument say it ALL went down on Dec. 2. That Trump’s lawyers went to court that very day and filed a motion saying Trump was entitled to “Presidential Immunity”, and that they and the prosecution argued the matter right there starting and ending on Dec. 2. And that judge Chutkan crafted that opinion (I don’t recall offhand but it was around 50 pages) and issued it ALL that same day.
As you know, and everyone knows Trump would have appealed. So would the govt. if they lost. Still, the opinion was issued on Dec. 2 and oral arguments weren’t heard until Jan. 8, 2024. So the judges at the DC Circuit had MORE than the month SCOTUS had! FIVE WEEKS. And now we are on the morning of Jan. 22, a week and a half AFTER and they STILL haven’t said dick. No, I’m not going to accept bullshit about being extra “double secret probation” careful and making sure every t is crossed and i dotted. Bullshit, bullshit BULLSIT!
There are just two possibilities. They are too fucking taken with their importance and want to bask in the moment of their “glory” in being the ones to render such an important decision. The other is that they know SCOTUS wants no part of this and will deny cert leaving their ruling as the final word on the matter. AND therefore are AFRAID that Trump and MAGA will come for THEM. Either way they suck. Because they are giving Trump exactly what he wants which is time/delay. And I maintain politically our country IS on fire and the longer it takes to get Trump sitting in that DC courtroom facing actual justice the more our country and freedom itself goes up in flames.
I share your position of urgency with finalizing the appeals process and begin the actual trail.
I also think that the current process is moving faster than expected when compared with other appeals.
SCOTUS did act quickly with Bush v Gore, the Trump case is a completely different beast.
1. The Trump case is a criminal case, while Bush v Gore was not.
2. The Electoral College vote count, verification,
and validation have specific processes with unwavering deadlines outlined in the U.S. Constitution. It was necessary for SCOTUS to take quick action with Bush v Gore.
3. Though the response was quick, SCOTUS involvement and final decision was more than 3 days. Beginning with the Bush appeal on November 24 until their final decision, Gore v Harris on December 12.
* Electoral votes must be received by the President of the Senate and the National Archivist by the 4th Wednesday in December.
4. We should be mindful that the appellate court justices (along with their clerks) have a challenging task.
Though the Fitzgerald decision does center on presidental immunity, it is addresses immunity from civil litigation not criminal.
It us important that everyone (jurists and the general public) embrace a patient and thoughtful discussion.
Rather than write out a lengthy response, I respectfully ask you (and others with similar thoughts) to read the comment I wrote responding to Joseph. He and I have debated this point of federal judicial speed prior to this article.
They don’t want to do anything out of fear for their own safety and the safety of their families. It’s as simple as that.
That’s a real possibility as I just noted in a comment replying to Joseph.
In other words…cowards! I wonder if the troops that landed on Normandy or on the islands in the pacific were afraid for their safety…