Literal last minute decision on this one. SCOTUS is definitely running interference for Trump, without a doubt.
Biden should declare Trump a national security threat and have him assassinated. That’s an “official act”, is it not? Sure, it helps Biden immensely, but now who is to determine where an official act ends and a private self-serving one begins? Are those two necessarily mutually exclusive?
Disclaimer: I have no idea what the right move here is. It’s a shitty situation. “How Democracies Die” talks about it in quite a bit of detail, but basically, in the unfolding collapse of a democracy, there’s a terrible temptation to start eroding democratic norms “in kind” in response to their eroding from the fascist side, but this is a mistake. You have to keep fighting on the tilted table without trying to tilt it back, because eroding the norms of behavior plays right into the fascists’ hands and those democratic standards are horrifyingly hard to get back once you’ve broken the seal.
But, that being said, keeping in mind that this is satire to make a point: I don’t think Biden should have Trump assassinated, or anybody. I do think that it would be a little more directly on the nose if he, as an official act, had Seal Team 6 ambush all the justices that voted for this (as an official act of course), take them with hoods over their heads and in ziptie cuffs to an undisclosed location, and then put up on YouTube the video of someone asking them a few questions in a bare concrete room in that undisclosed location, requesting that they clarify that this is really what they meant. Sort of bring some reality to what is the door they are trying to open, on a personal level, to them. Because I am 100% serious when I say that that is 100% very literally the door they have chosen to open. Sort of a “Let’s close this door back up tight, right brother? Unless you are sure you want to open it? Really, like really for real sure with no backsies?”
This is something I think about a lot. The best way to defeat fascism is within the process with democracy – because if we start playing by their rules to stop fascism, we prove them right in a sense. It’s preferable to actually letting fascism happen, but it would severely weaken our democracy.
If voting is not enough, then the next best option would be for Biden to pull his own Jan 6 and refuse to certify the results and call in Seal Team 6. And then after doing so, order his own arrest for violating our laws and norms. The only way to preserve democracy after taking steps outside of democracy is to fall on your own sword.
It’s like an alternate universe within the DC universe – the Joker goes too far and Batman snaps his neck. When he arrives at the police, he carries the Joker’s body and tells them to arrest him. Batman knew it was necessary to kill Joker, but he also knew he had to be held accountable for doing that. Any group which uses violence to end the fascist threat needs to turn themselves in afterwards to preserve peaceful democracy. It would be incredibly unfair to them, but it’s necessary to prevent a new normal of violent anarchy.
If only. That would be amazing and thank you for the dream, but they’ve all got private security, I don’t see how this could be done without someone being shot, which changes the whole context and would make it something that could be spun to easily.
But it brings up the whole issue doesn’t it? The court feels they will never have to deal with the consequences of any of this. Surely a trump-style president would never come after them.
Damnit, we’ve been to this movie.
It even says so in the dissent.
“When he uses his official powers in any way, under the majority’s reasoning, he now will be insulated from criminal prosecution. Orders the Navy’s Seal Team 6 to assassinate a political rival? Immune. Organizes a military coup to hold onto power? Immune. Takes a bribe in exchange for a pardon? Immune. Immune, immune, immune,” Sotomayor wrote.
He won’t because Biden is a pussy. He’s just gonna lay back and let Trump have what he wants.
I think they are relying on the scruples that most normal, adjusted people have to prevent him from doing just that. But from a completely outcome-based perspective, I kind of think it might be the best move to try to buy time to try to start fixing this compromised court and the damage they’re wreaking
From the Sotomayor dissent, which is joined by both Kagan and Jackson: Today’s ruling “reshapes the institution of the Presidency” and “makes a mockery of the principle . . . that no man is above the law.” The decision “gives former President Trump all the immunity he asked for and more. Because our Constitution does not shield a former president from answering for criminal and treasonous acts, I dissent.”
The President of the United States is the most powerful person in the country, and possibly the world. When he uses his official powers in any way, under the majority’s reasoning, he now will be insulated from criminal prosecution. Orders the Navy’s Seal Team 6 to assassinate a political rival? Immune. Organizes a military coup to hold onto power? Immune. Takes a bribe in exchange for a pardon? Immune. Immune, immune, immune.
Sotomayor does not use “respectfully” with “dissent” here or at the end of her dissent, which concludes: “With fear for our democracy, I dissent.”
As an official act, Biden should immediately dissolve the Supreme Court.
Whatever he does he needs to put this into effect now. The only way we’ll get this Congress to reign in Presidential power is if they think it will hinder Biden.
This isn’t a bad 4D chess move. Trick Republicans in Congress to heavily limit the power of the president to neuter this decision.
Presidential act that states the supreme Court has been infiltrated by corrupt officials, remove them all from office, and replace them with uncorrupt officials with oversight. Don’t worry supreme court, you said he could fucking do it if he wants to.
Took 7 fucking months to kick this back to the lower court for a ruling we all kind of expected (can’t really trust SCOTUS to do anything good). Exactly why Smith wanted this Streamlined in December.
Planned to the last second of the last day of the session to prevent them having to definitively call him a fucking traitor. Fuck these assholes.
