The Supreme Court Will Fail

Justice is coming

The Supreme Court will consider Donald’s immunity arguments and push his criminal trials further into limbo… or will they? Read below for the analysis you need and why Donald shouldn’t celebrate just yet.👇

In a move that illustrates just how low the Supreme Court has sunk, the justices, or at least four of them, decided to hear Donald’s immunity case. While their final verdict is at least three months away, their choosing to take the case up — as well as Clarence Thomas’ refusal to recuse himself — has serious implications for the Court’s legitimacy.

I am going to be very honest. It’s hard to accept that Donald’s January 6th case may not be tried before the election, due to a conservative super-majority on the Court with three justices appointed by Donald himself.

But while the decision is corrupt and deeply troubling, and I will discuss why, there are still a lot of reasons to be hopeful. There are so many, in fact, that I’m confident that by the end of this piece, you’ll be energized by the idea that justice is actually coming.

But first, the bad news.

The Supreme Court gives credence to Donald’s immunity arguments in an apocalyptic decision

The highest court of the land will now entertain the delusional argument that Donald really could have shot a person on Fifth Avenue and gotten away with it. His lawyers argue for absolute immunity, and it will be up to the reactionary members of the court to decide when and whether a president, even after he is no longer in office, is above the law.

Here’s why this decision could spell disaster for democracy:

Checks and Balances: At the heart of our democracy lies the principle that no one, not even a former president, is above the law. By even entertaining Donald’s immunity claim, the Court risks creating a precedent that shields future presidents from accountability. Our country fought a Revolutionary War in part to rid the tyranny of a monarch who could not be held accountable. Our founders never intended for Executive power to trump justice.

Political Influence and Corruption: It is a travesty that THREE out of 9 justices were appointed by Donald and they refuse to recuse themselves from this case.

Clarence Thomas’ wife Ginni attended the January 6 rally before the Capitol attack. Now her husband will take part in deciding the fate of the man whose lies and insurrection Ginni Thomas supported. In a normal universe, the court would have ethical standards and Clarence Thomas would have lost his seat on the bench.

Voters Deserve to Know: The Court’s delay in hearing the case will push the outcome of Donald’s federal trials. There is a very real possibility that Americans will vote (and remember, early voting in some states begins shortly after Labor Day) without knowing whether or not Donald has been found guilty of inciting an insurrection.

Given all of the bad faith decisions SCOTUS has made in the last few years, how can we still have any hope for the rule of law?

Consider this: If the Supreme Court were to rule that Donald was above the law, this decision would come out before the election. (The Supreme Court’s term finishes at the end of June.)

Such a ruling would be a shock to the system and inspire even more angry voters who see the corruption and double-dealing for what they are. Republicans were absolutely punished at the polls after the Court stripped Roe v. Wade in June 2022. I think this would embolden Democrats to come out in even greater numbers.

So go ahead and try us.

While it’s hard to imagine that even the extremist wing of the court would rule in favor of total presidential immunity, anything is possible. According to former U.S. attorney Barbara McQuade, “while at least four justices agreed to hear the case, that doesn’t mean four are inclined to accept Trump’s immunity defense.”

"Even Jack Smith argued that this issue is a matter of national import that should be decided by this court, even if only to reject the defense or limit its contours."

No matter how the Supreme Court rules, their decision should not affect state cases

While the Supreme Court’s ruling pertains to federal charges, it does not directly affect state-level cases. Donald still faces multiple criminal investigations, including those in New York and Georgia.

Let’s focus on his New York criminal case, which holds particular importance for justice.

If convicted, Donald could face jail time in New York, even if SCOTUS decides that Donald is immune from federal crimes.

Much more than hush money

According to the indictment, in the final weeks of the 2016 presidential election, Donald’s lawyer, Michael Cohen paid off porn actor Stormy Daniels with $130,000 through a shell company. The Trump Organization later reimbursed Cohen, categorizing the payments as legal expenses.

Cohen also arranged a $150,000 payment to former Playboy model Karen McDougal through the National Enquirer. This practice, known as “catch-and-kill,” suppressed her story of an alleged affair with Donald.

The New York case transcends mere financial transactions—it is not, as the corporate media continues to describe it, his “hush money case.”

Simply put, Donald illegally attempted to influence the 2016 election by using illicit payments to silence those who could potentially harm his candidacy and keep information from voters — and this case is out of reach of the Supreme Court.

As a reminder, Michael Cohen served over a year in prison relating to a range of charges related to these hush money payments. That means it also makes sense that Donald, “Individual 1,” or as Ted Lieu called him, “unindicted co-conspirator,” should face the same fate.

Donald’s true justice is set to come at the polls

Despite what the corporate media will have you believe, Donald is showing some real vulnerability as the Republican primary advances.

Take the outcome in Michigan. Despite being the clear front-runner, 300,000 Republicans refused to vote for him:

Donald has declared that Haley’s supporters are “permanently barred from the MAGA camp. We don’t want them, and will not accept them.”

That’s almost 30% of Republicans “he doesn’t want.” As Matt Lewis recently put it, “Trump could lose the presidency if Haley-style Republicans stay home.”

Let’s be honest. The real story about Michigan is not that Donald won—it’s 1) that he is underperforming polls by significant margins and 2) he continues to prove that he’s hurting his chances by alienating between 20 and 40 percent of Republican primary voters.

So what can you do to help save our Democracy?

No matter what the Supreme Court rules, Donald will still have to face the music in New York and he has to deal with ALL OF US in the election booth.

I’m ready to fight. Are you?

My full-time job is now defending democracy, but I can’t do it without the support of people like you.

Research shows citizens need to feel hopeful the election could go their way in order to turnout — and I am determined to convince voters with hard hitting facts, that Donald can, and will be held accountable in the court of law and at the polls.

I currently have 181,465 free subscribers. If just 5% chipped in for a membership at the price of a tall coffee, I could reach even more voters with the hope and inspiration we need to save our democracy. 👇

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