My Take On Today’s SCOTUS Arguments. Time For Some Activism

If there’s one thing that any successful politician will tell you, it’s that pressure works. Why do you think politicians spend so much time paddle-footing around to avoid having to make an actual decision and piss voters off?

And we have a ready for prime time display of civil activism playing out right now. Starting at Columbia University in New York, and spreading nationwide all the way to USC, our next generation oof leaders, and judging by the youth voting movement coming sooner than you think, are flexing their muscles.

The activists of today have decided that the criminal and humanitarian excesses of Israel are no more acceptable thank the myriad abuses of Apartheid in South Africa generations ago. And like their predecessors, they want President Biden to put his howler monkey back in his cage, and they want their universities to divest their investment funds from any transactions that involve and enrich Israel. And we can already see that Biden is feeling the pressure, and trying to walk that highwire.

But what does that have to do with  today’s SCOTUS arguments over presidential immunity? read onn dear friends, all will be revealed in the last reel.

Here’s my take on today’s arguments. A lame judicial cluster f*ck, with the Trump arguments legally bereft of even the slightest judicial foundation or underpinnings. But surprisingly, there was at least one source of apparent common ground among all nine justices, and the fault lines between them are along a kind of surprising lines.

First the area of common ground. Each justice, in his own way managed to come to the same conclusion, with differing verbiage. Get. That. Lame. Sh*t. Outta. Here. Thomas seemed almost confused to fine himself having to say something that was going to end up with him sleeping on the sofa UFN. Alito seemed almost wistful about how he was going to quip his way out of this one the next time he goes on the after dinner circuit. And Roberts seemed almost resigned, like a kid whose mother is holding out his tablespoon of castor oil. But they were all unified that even a Trump puppet court wasn’t going to crown Traitor Tot to a monarchy,

When we started the day, there were three likely theoretical outcomes. The first is that the two corrupt oldsters and the three Trump acolytes would find an insane legal hook to hang their hat of giving Trump his monarchy by granting presidential immunity. This appears to have gone out the window in the first half hour.

The other two are, to my eye a 50-50 toss up at this point. The three progressive justices on the panel, Sotomayor, Kagan, and Jackson want a flat out refutation. There is no such thing as presidential immunity once you leave office. My read is that Chief Justice Roberts, his historical judicial legacy on the line, will have no choice but to side with the angels. Which leaves Justice Barrett as the critical swing vote, and she absolutely demolished Trump’s ambulance chaser in court today, getting him to admit that almost all of the crimes charged in the DC case were personal actions, and could be prosecuted even if limited immunity existed. And stick a pin in this. I find it interesting that as the only GOP female justice, Barrett has struck up a fast friendship with the liberal lion on the court, Justice Sotomayor.

The third option is one that El Pendejo Presidente’s stolen justice, Neil Gorsuch actually crafted on the fly to save Trump’s mouthpiece from a further flogging. He suggested that there could be areas of limited presidential immunity for presidential actions, which would mean having to determine exactly what constituted presidentially protected decisions and actions.

This was music to Trump’s attorney’s ears. What that means is that the case would be remanded back to Judge Tanya Chutkan, who would then have to hold a series of evidentiary hearings as to exactly what were protected actions, and what were personal actions subject to prosecution. Justice Jackson made quick work of that today by getting Trump’s lawyer to admit that almost all of the charges in the DC case were personal decisions. Unfortunately that don’t mean jack sh*t.

Because no matter how many of the charges Chutkan determines were personal actions, and therefore eligible for prosecution, Trump’s trial lawyers are going to appeal her decisions to the Circuit Appellate Court, and then on back to the Supreme Court, running out the pre election clock. It was Lawrence O’Donnell on MSNBC who pointed out the McGuffin that all of this kerfuffle means absolutely nothing if Biden is reelected. Trump will never run out the clock.

The cleanest resolution of this problem is for Justice Barrett to join a reluctant Chief Justice Roberts in determining that there is no presidential immunity once you leave office. We haven’t needed it for 240+ years, and we don’t need it now. This would remand the case back to Judge Chutkan for immediate move to trial. A ruling of limited immunity opens up the delay can of worms.

Which is where civil protest comes into play. And it’s already worked, especially in the Trump regime. remember that when the detestable Blarah Flackabee Slanders was Trump’s press secretary, she went into a favored family restaurant in suburban Virginia with her family and parents. When her location eaked, protesters showed up outside to chant and protest, and other diners gave her table dark looks. She eventually left the restaurant with her family with her tail between her legs.

But if you cast your mind back, you’ll find that it has been effective against the Supreme Court Justices as well. Following the disastrous Dobbs decision, protest almost became the new national drinking game. And the conservative members of the SCOTUS were not immune from taking their puppy whuppings.

Sleazy Sam Alito was furious that the great unwashed would dare to show up at his house and scream negative chants, or chant Shame! at him as he walked down the street and into his dancy stores. Criminal Clarence wanted to call out the National Guard to get all those scruffy protesters away from his house, where they were detracting from the tone of the neighborhood. And Brewski Brett was humiliated when protesters started showing up at his favorite high hat restaurant to chant, forcing the manager to ask him to stop coming in since he was killing their business.

Surgical strikes. Forget the two criminal dotards, they’re beyond shaming, it’s just a nuisance to them. And leave Barrett alone, she seems to be on the fence, let Sotomayor handle her. The three to concentrate on are Gorsuch, Kavanaugh and Roberts.

Make it personal. Let’s see how Gorsuch likes it when blocs of protestors start chanting Illegitimate Justice everywhere he goes, especially with his family. Let’s see how Kavanaugh likes being serenaded with Trump’s lap poodle! or Trump’s little bitch! And let’s see how Roberts likes Worst Chief Justice Ever! or Cheap Political Hack!

This may or may not sway any of their votes, but that isn’t the real point. These justices are not some sequestered jury, they all have access to the networks and media. And when Barrett sees what kind of a rough ride they’re getting, while she’s being spared, her better angels may be able to make a difference. What do we have to lose? Democracy is at stake here. And pressure is all we have.

I thank your for the privilege of your time.