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Justice at the supreme court

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The conventional wisdom in Washington early Friday morning was that the continent-shaking invasion of Ukraine by Russia was so dominant that President Biden would have to delay the unveiling of his nominee to the Supreme Court. 

One Washington political newsletter reported:

President Joe Biden has decided on his nominee for the Supreme Court to replace the retiring Justice Stephen Breyer, according to a source familiar with the situation. CNN was first to report this. The White House wants to announce the nominee today but would hold off if the situation in Ukraine intervenes.

As is often the case, the conventional wisdom was dead wrong.  Ukraine was not 9/11 – a catastrophe that shook the foundations of the United States.  Biden was determined to show, in the midst of war and crisis, that he could fulfill his constitutional responsibilities and present his choice of Judge Katanji Brown Jackson to the nation.

Biden could meet with NATO on the war in the morning and make history with the Supreme Court in the afternoon.

Since the Court was established in 1789, there have been 114 justices. 108 have been White men.  Four have been women (including one, Justice Sonia Sotomayor, who is of Hispanic heritage), and two Black men.

“For too long,” the President said, “our government, our courts haven’t looked like America.  And I believe it’s time that we have a Court that reflects the full talents and greatness of our nation with a nominee of extraordinary qualifications and that we inspire all young people to believe that they can one day serve their country at the highest level.”

“Among my many blessings — and indeed, the very first — is the fact that I was born in this great country.  The United States of America is the greatest beacon of hope and democracy the world has ever known. Among my many blessings — and indeed, the very first — is the fact that I was born in this great country.  The United States of America is the greatest beacon of hope and democracy the world has ever known.”

Judge Jackson replied,

In briefly recounting her life history, and love of law that she got from her father, she noted that she has family members who have had different lives.  A brother who served as a police officer in Baltimore and had two tours of duty in the Middle East.  Two other uncles who were police officers; one was police chief in Miami. And another uncle, who is serving a life sentence on a drug charge.

Judge Jackson also served on the US Sentencing Commission, which develops sentencing guidelines for federal courts.  She has been a public defender and a trial court judge.  These roles have given Judge Jackson a deep feel for the lived experience of those whose lives intersect with the legal system. 

When Biden pledged in the 2020 presidential campaign to nominate the first Black woman to the Supreme Court, legal experts settled on Judge Jackson as the one most likely to be nominated because of her legal brilliance and compelling personal qualities.

Neal Katyal, a colleague and former Acting Solicitor General of the United States, who has argued numerous cases before the Supreme Court, was thrilled: “Ketanji Jackson Brown is one of the best judges in the nation. Brilliant and with deep values. That she is now joining our second highest Court is fitting and awesome.”

She will shine in her confirmation hearings.  She has already cleared the Senate Judiciary Committee three times and received three Republican votes when she was confirmed to the second-highest court, the US Court of Appeals, where she serves today.

There have been rancid battles over nominations to the Supreme Court for decades, principally because of the ultimate political stakes involved in decisions affecting abortion, gun control, voting rights, civil rights, and election laws.  Republican presidents have won the lottery on Court appointments, filling more vacancies than were available to presidents Clinton, Obama and now Biden.  

The Court today has a solid 6-3 conservative majority. Judge Jackson’s appointment does not change that balance. This helps ensure that she will not become ensnarled in the vicious spectacles that some recent appointments triggered.

But partisanship in the Senate is still the touchstone, and Republicans have not been hesitant to criticize Biden’s choice. 

Republican Leader Mitch McConnell said that Judge Jackson was, “The favored choice of far-left dark-money groups that have spent years attacking the legitimacy and structure of the court itself.”  Sen Lindsay Graham, the senior Republican on the Judiciary Committee was darker: “The radical Left has won President Biden over yet again.” Jackson was good enough for Graham to vote to confirm her for the Court of Appeals, but apparently she is not good enough to join the Supremes.

Other Senators have gone darker still, such as Roger Wicker of Mississippi:

“The irony is that the Supreme Court is, at the very same time, hearing cases about this sort of affirmative racial discrimination while adding someone who is the beneficiary of this sort of quota.”

Democrats are united and enthusiastic.  And some Republican Senators are in play.  Keep your eye on Mitt Romney, Susan Collins, Lisa Murkowski.

Biden’s fulfilling this pledge is critically important to keeping faith with Black voters – and their keeping faith with him.  

Judge Jackson should be sworn in as Justice Jackson in July.

Bruce Wolpe is a Ticker News US political contributor. He’s a Senior Fellow at the US Studies Centre and has worked with Democrats in Congress during President Barack Obama's first term, and on the staff of Prime Minister Julia Gillard. He has also served as the former PM's chief of staff.

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Trump’s campaign tactic – debase and disgrace the legal process

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Donald Trump, former president of the United States, hated Arraignment Day I in Manhattan two months ago, the first time a former president had been criminally charged. 

Trump was being forced against his will into a proceeding he had utter contempt for.  He was being arrested and fingerprinted and photographed under an indictment under the jurisdiction of Manhattan in New York City for allegations of hush money payments and fraudulent bookkeeping practices to conceal criminal activity. Trump heard the charges read out against him and he entered a plea of not guilty.

Trump had a terrible day. Trump wore a scowl throughout. His countenance was fearsome.  What Trump hated most about his arraignment in New York is that he had to sit at a table with his counsel side by side with him — equal to him — and with the judge above him looking down on him. Trump could not control the discussion and could not interrupt to make his points.

Trump was subordinate to the judge. He was subordinate to no one as president.

Arraignment Day II

Arraignment Day II in Miami will be worse from Trump, even more stressful.  The charges are substantially more serious:  the alleged violation of federal criminal statutes involving the alleged mishandling and illegal possession of classified documents, lying to legal authorities, and obstruction of justice.  Potential penalties run to years in prison and millions of dollars in fines.

Trump throughout his business life had always crafted his affairs to avoid being a defendant. But in his term in office, he was caught up in it big time. He was a defendant in two impeachment trials – again, unprecedented events – and left office in disgrace.

But Trump does not feel disgraced. He never does.  Trump does not have a reverse gear.  He never retreats.  Never admits. Never concedes. Never yields.  Trump is never embarrassed. Trump never feels ashamed. When something goes wrong, it is always the fault of someone else.

And Trump never repents.

Trump can feel this way because Trump is waging war on behalf of his armies in “the final battle” for the future of the county. In his first, fiery post-indictment speech in Georgia, Trump said, “They’ve launched one witch hunt after another to try and stop our movement, to thwart the will of the American people.  In the end, they’re not coming after me. They’re coming after you … “Either we have a Deep State, or we have a Democracy…Either the Deep State destroys America, or WE destroy the Deep State.”

It is a powerful formulation, and his true believers love it.

Hours later, In North Carolina, Trump mainlined his distilled message for the Republican crowd:

“We are a failing nation. We are a nation in decline. And now these radical left lunatics want to interfere with our elections by using law enforcement.

It’s totally corrupt and we cannot let it happen.

This is the final battle.

With you at my side we will demolish the Deep State.

We will expel the warmongers from our government.

We will drive out the globalists.

We will cast out the communists.

We will throw off the sick political class that hates our country.

We will roll out the fake news media.

We will defeat Joe Bide and we will liberate America from those villains once and for all.”

Any lesser mortal would be staggered by these events.  Any other presidential candidate would be driven from the race.  But not Trump.

Debase and disgrace

Trump is using the same playbook today as he successfully triggered after being charged in New York:  debase and disgrace the legal process by terming it completely political.  Trump said the federal indictment is “election interference at the highest level.”

Almost every other Republican running for president has adopted this line, insulating Trump from pressure to leave the field.

Trump’s chief opponent, Florida Governor Ron DeSantis said after these indictments: “The weaponization of federal law enforcement represents a mortal threat to a free society. We have for years witnessed an uneven application of the law depending upon political affiliation.”

Republican congressperson Nancy Mace: “This is a banana republic. I can’t believe this is happening.” Rep. Marjorie Taylor Greene: “Democrats are arresting their political enemies. and they work together in their corrupt ways to get it done.”

Trump is using his affliction to raise millions of dollars from his base.

Trump will likely face Arraignment Day III in Georgia in August.  A state prosecutor is expected to charge Trump with criminal interference in the certification of Georgia’s vote for Joe Biden in the 2020 presidential election.

As of now, there is no sign of cracks in Trump’s support among Republican voters.  There is no surge to another candidate.  What remains to be seen is whether Republican voters, as they see Trump spend his days in courtrooms and his evenings at rallies around the country, reach a conclusion that this is a spectacle too far, too much to bear, and that they want to turn to another conservative populist who stands for them in the political trials— and not the criminal trials – of 2024.

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Donald Trump’s legal woes will serve him well

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It’s not often that a U.S. President faces federal indictment, but if it’s going to happen to anyone, it might as well be Donald Trump first.

The news that Donald Trump is facing a federal investigation over the removal of secret documents from the White House in 2021 came as no surprise.

Keen watches of the Washington soap opera have seen this playbook before, albeit in a different form.

There is no doubt that Donald Trump is a Washington outsider. But as seriously damaged as he may be (thanks to the events of January 6), his support base has only grown whenever he faces scrutiny.

For his supporters, his legal woes mirror their own relationship with the government – a giant, unfair beast that picks and chooses its fights.

Trump is accused of storing sensitive documents—including those concerning matters of national security—in boxes, some even in a shower.

The documents were seized last August when investigators from the FBI executed a search warrant at Mar-a-Lago.

The Department of Justice has historically avoided charging people who are running for public office. Whether they should do that is a debate for another day. But it’s happening now. And it’s making it all too easy for Trump to claim there is a concerted campaign to get him away from the White House.

Trump exposed the deep state. IF they exist, they probably don’t want him back in power. Whether they exist doesn’t matter really, because plenty of Trump’s supporters agree with him, and believe the secret state is working against them. Call it QAnon, call it a conspiracy – it doesn’t matter in a democracy.

The DoJ now has to go all in. Failing to secure a conviction would be a serious embarrassment for the department.

This is the second time Trump has been indicted in recent months, yet the opinion polls show he only increases his popularity among MAGA and Republican voters. It leaves the Republican party in a difficult position. Support their leading candidate or support the law?

As other Republicans rallied around the embattled candidate, Trump held on to his loyal base of supporters.

For the Democrats, and for Biden, another reality will soon sink in – if Trump becomes President, and they lose office next year, how will a Trump-run DoJ deal with them?

Broadly, the tit-for-tat one-up-manship of U.S. politics is breaking tradition and potentially breaking the country.

 

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