Under our constitutional structure of separated powers, the nature of presidential power entitles a former president to absolute immunity from criminal prosecution for actions within his conclusive and preclusive constitutional authority.”
Chief Justice John Roberts writing for the majority in Trump v. United States

“In every use of official power, the President is now a king above the law.”
 Justice Sonia Sotomayor writing for the minority in Trump v. United States

This blog is dedicated to the cause of advancing Justice, not just environmental/climate justice, but justice for all Creation. Therefore, it is not possible to remain silent in the face of the ‘Theater of the Absurd’ that the current Supreme Court has become. The framers of the Declaration of Independence and Constitution had with good reason worried about politician’s (and justice’s) overreach and carefully provided for oversight of leaders. Had we been able to stand yesterday at the burial grounds of these authors and signers at the moment the Supreme Court handed down its decision on Presidential immunity, we may have (at least symbolically) felt the earth move and heard a mournful outcry as they turned over in their graves. Today’s highest court driven by partisan ideology, it appears, has become ‘Supreme’ to the point of being untouchable.

It is not hyperbole to compare the event of the morning of July 1, 2024 that took place in the once hallowed (now hokum) halls of the highest court in the land to the event of the morning of December 7, 1941. When President Franklin Delano Roosevelt opened his address to a nation now at war with the words, “December 7, 1941; a date that will live in infamy,” he then went on to describe a “sudden and deliberate attack” on the United States by the armed forces of a foreign Empire.

The absurd ruling by the rogue right wing Justices (Roberts, Thomas, Alito, Gorsuch, Kavanough and Coney Barrett) of the 3rd branch of government, a government so designed as to place proper checks and balances on each other, is arguably a sudden and deliberate attack on the United State’s founding document (Constitution) and the rule of law (the idea that those who govern must follow the laws; no one is above the law). It is a sudden and deliberate attack not by armed forces of a foreign Empire, but rather an internal assault on the rule of law by those granted the supreme authority to defend it against all foes, foreign and domestic.

Recall that in 2005 it was Justice Roberts whose credo declared, “I believe that no one is above the law under our system and that includes the president. The president is fully bound by the law, the Constitution, and statutes.” Then in 2006 at his confirmation hearing Justice Alito confessed, “There is nothing that is more important for our republic than the rule of law. No person in this country, no matter how high or powerful, is above the law.” Twelve years later in 2018 Justice Kavanaugh in his Senate hearing would confess that not only did he like beer, but that “No one’s above the law in the United States, that’s a foundational principle…. We’re all equal before the law…. The foundation of our Constitution was that…the presidency would not be a monarchy…. [T]he president is not above the law, no one is above the law.”

In response to the decision by those Justices who have obviously repented of their apparently erroneous former convictions (beliefs), Justice Sotomayor, who delivered the dissent for the minority ended her delivery with a weighty declaration: “With fear for our democracy, I dissent.” In advance of that apprehensive proclamation she had also declared the majority decision to be “utterly indefensible,” stating that, “The court effectively creates a law-free zone around the president, upsetting the status quo that has existed since the founding… This majority’s project will have disastrous consequences for the presidency and for our democracy,” she predicted.

Speaking truth to power on behalf of the American Civil Liberties Union (ACLU), National Legal Director, David Cole declared:
On purely partisan lines, the Supreme Court today for the first time in history places presidents substantially above the law. It ruled that former President Trump cannot be prosecuted for deploying Justice Department officials to pursue his own criminal ends. And with respect to other presidential actions, it announces ‘presumptive immunity,’ and offers only a vague and unworkable standard that is likely to mire the case against former President Trump in years of litigation without holding him accountable for his criminal conduct in resisting the peaceful transfer of power. The opinion also sits like a loaded weapon for Trump to abuse in the pursuit of criminal ends if he is reelected.”

It is truly unnerving to imagine now what a spiteful, vengeful, ego-maniacal, selfish, willful wannabe dictator may do with the supreme gift handed to him on a regal platter IF he once again has the power to inflict his will. To paint a word picture of the clear and present danger that this decision affords, Asha Rangappa, Senior Lecturer at the Yale University’s Jackson Institute for Global Affairs and a former Associate Dean at Yale Law School,writes:
According to the Court, a President could literally provide the leader of a hostile adversary with intelligence needed to win a conflict in which we are involved, or even attack or invade the U.S., and not be prosecuted for treason, because negotiating with heads of state is an exclusive Art. II function. In case you were wondering.” Trump is currently under indictment for retaining classified documents. “The Court has handed Trump, if he wins this November, carte blanche to be a ‘dictator on day one,’ and the ability to use every lever of official power at his disposal for his personal ends without any recourse… This election is now a clear-cut decision between democracy and autocracy. Vote accordingly.” [bolding mine]

Should anyone have any doubt about the validity of that statement, I direct attention to the 920 page ‘game plan’ known as ‘Project 2025’ that is ready to be executed should a no-holds-barred Trump Presidency come to fruition. Read all about it from Democracy Docket at https://www.democracydocket.com/analysis/what-is-project-2025-and-why-is-it-alarming/

Yesterday’s Supreme Court decision continues to tilt the playing field in the direction of the Project 2025 Team. It will take a historical effort by those on an opposing team to even that field and to bend the arc of the moral universe toward true justice and spare America and the world from yet another “date that will live in infamy.”