I haven’t written anything in a while for a number of reasons. I was busy selling my house and relocating from Bozeman, MT to Boston, MA. I was then off on a 10-day trip to Panama and when I returned, I found I had contracted COVID somewhere along the way and was laid up for a few days. Fortunately, my symptoms weren’t severe. I felt like I had been hit by a truck the first couple of days and had a runny nose and sore throat but now I’m feeling pretty much back to normal. I’m sure being current on all my vaccinations helped to mitigate the symptoms and impact on me.
Throughout all of this, I have been watching the chaotic political environment unfold in this country as we careen towards another election that is sure to be one of the most consequential and contested in modern American history. There have already been numerous instances where Republicans have refused to certify election results in local and state contests where they didn’t like the outcomes, i.e., they lost. It is really quite amazing.
If a Republican wins an election, it is automatically deemed ‘fair’ and we hear the phrase, “the people have spoken” quite frequently. If a Republican loses, the election is automatically deemed ‘rigged’ or ‘fake’ and all kinds of allegations of malfeasance are lodged. It would seem obvious to anyone willing to look at the facts, that such a position is totally absurd and ridiculous but, nonetheless, the MAGA universe has become convinced that is the case. There is no doubt, this presidential election will see more instances of Republican election officials refusing to certify the results if they don’t like the outcome than in any previous election in the country’s history. This is the stuff that fascism is made of.
And speaking of fascism, I have been thinking about our illustrious Supreme Court and their recent ruling on presidential immunity. Most articles and opinion pieces I’ve read are focused on Trump and his ultimate ability to operate with impunity given that he can’t be prosecuted for official acts. That is certainly a frightening thought but there is another aspect of this ruling that, in my mind, provides for more than just Trump to be above the law.
It is a given, like it or not, the President of the United States has virtually unlimited pardoning power. He can pardon just about anyone for anything.
“The U.S. Supreme Court clarified presidential pardon power in an 1866 case (Ex Parte Garland) challenging the pardon of a former Confederate soldier by President Andrew Johnson. In its opinion, the Court stated that this power “extends to every offense known to the law, and may be exercised at any time after its commission, either before legal proceedings are taken or during their pendency, or after conviction and judgment.””1
It is true that the presidential pardoning power does not cover State offenses. However, State governors also have pardoning powers. So, just think about this for a minute. The Supreme Court has created a bubble of immunity for a president and that president also has the ability to pardon just about anyone convicted of virtually any Federal crime. John Gotti dreamt of a world like this.
The President can commit crimes with impunity and if he doesn’t want to get his own hands too dirty, he can task others to do his bidding with the full knowledge that they will be pardoned for any crimes they allegedly commit on his behalf. Am I missing something here? If anyone thinks this is not exactly where we are headed, you are clearly not paying attention.
If you think the reference to John Gotti was hyperbole, think about the number of people in Trump’s orbit who have been convicted of felonies or are currently facing serious legal problems. The number is overwhelming and unmatched by any administration in US history. John Gotti presided over the Gambino crime family in New York City. Trump is well on his way to becoming head of the Trump crime family with operations in all fifty states.
Trump and his minions have been piling up the explosives against the wall of democracy for years and Project 2025 is proof of that. And the Supreme Court just lit the fuse.
