Know what, Asha (our very dear and necessary legal eagle)? This 76 year old lady right here, with little or no legal knowledge but a pretty good head on her shoulders began shouting out all over substack months ago that a huge problem--perhaps the 'hugest' was that there seems to be no one who can ENFORCE the law, including all of those legal brakes being written by our Federal Judges, and potentially 'lock him (the Orange Crusher) up.' I hope, I pray, that someone among your and your compadres comes up with a fix, RIGHT NOW, or I'm afraid we're lost. It feels like we're on a downhill run on a twisty mountain road and the brakes are out.
The worst part was Roberts thinking SCOTUS maintains some control of what immunity is. The only pleasant thing on Tuesday was Trump humiliating Roberts with the pat on the arm and thank you- making it crystal clear who really has the power in this dynamic.
I hate Roberts for being an eager participant in the destruction of democracy but will take some small pleasure in watching Trump render Roberts and his beloved court as impotent. Sealing Roberts legacy as the worst Chief Justice in American history.
I know I am a legal naif but for the life of me (so to speak) I can not think of a case where taking care that the laws be faithfully executed can entail disregarding any of them.
Asha, you never cease to amaze me. I appreciate your determination and perseverance. My faith in our country is seriously shaken and you keep going. You are the best of us.
The Roberts Court IS the constitutional crisis. This is true in the most proximate sense because the Roberts Court shielded Trump from prosecution and accountability through unprecedented interventions in Trump v. US (the immunity decision) and Trump v. Anderson (Colorado ballot).3 Even before then, without the Roberts Court’s Citizen United decision legalizing unlimited spending by billionaires, Elon Musk’s central role now—both in funding a significant chunk of Trump’s campaign and in dictating the shutting down of core federal programs—would be unimaginable. And, as Jack Goldsmith argues, Trump v. US also opened the door to a “maximalist theory of executive power.”
Thanks as always, Asha, for your brilliant legal analysis. I just finished watching “Get Gotti” on Netflix. They finally put him away and he died in prison, but watching the Mob at work seemed rather relevant to the current situation.
As usual, you’ve given us excellent analysis of the horror show we’re currently living through. However, a Reverse Uno card AND Showcase Showdown reference?? Perfection. I also think you should do a solo piece on traumatizing television/movies/books consumed by Gen X. I’ll start - Salem’s Lot (TV miniseries version) scared the bejesus out of me 😱
Yes, Professor, another great article about very thorny issues. You are one of our best. I want you to be right that even Trump will ultimately have to comply, but I am not at all sure Trump won’t soon refuse to comply with a court order. Thank you for your guidance in these days.
Maybe not a criminal President, but Federalist Paper #68 (1788) describes the main function of the Electoral College as being the main and all-important check for preventing an unqualified candidate, one of ill-character of “low intrigue,” to attain the highest office. Hamilton wrote that the Electorals job is ensure with “a moral certainty, that the office of President will never fall to the lot of any man who is not in an eminent degree endowed with the requisite qualifications,” and preventing foreign powers from gaining an improper ascendant in our councils.”
So yea, they saw this as a distinct possibility, but due to pure greed for political power by the Electors themselves, and our own elected representatives, we watched this most important and fundamental guardrail fail, which now leaves us in this uncharted territory, which is more frightening than any movie or book that was made to scare all of us parentally unmonitored Gen-X folks.
Thank you for the good work you did for us putting together this article. I think it has very important useful information that can be used to create a plan when we have elected officials who have enough political will and personal courage to do so.
Thanks for the great article. I just subscribed yesterday and it has already paid off.
Agree that an independent law enforcement agency under Congress or the courts would be a good idea, but do they have the ability to fund such an agency? One of the administration's first actions was to take over the payments system. Is there any way that Congress or the courts could have their own payment system to support such an agency or is this just another road that leads back to the White House?
I think the problem is that Congress is not an administrative body. They can establish an agency but the execution of that agency -- perhaps subject to statutory constraints, as some agencies like The Fed are -- would still more or less be under the executive branch. The issue is really about enforcement when the executive branch doesn't follow the law, either way. :(
A friend with a daughter who's a top student deciding between a dozen universities asked my opinion of UC Berkeley. I said it was pretty high before the law school hired John Yoo.
Know what, Asha (our very dear and necessary legal eagle)? This 76 year old lady right here, with little or no legal knowledge but a pretty good head on her shoulders began shouting out all over substack months ago that a huge problem--perhaps the 'hugest' was that there seems to be no one who can ENFORCE the law, including all of those legal brakes being written by our Federal Judges, and potentially 'lock him (the Orange Crusher) up.' I hope, I pray, that someone among your and your compadres comes up with a fix, RIGHT NOW, or I'm afraid we're lost. It feels like we're on a downhill run on a twisty mountain road and the brakes are out.
Yes!
The worst part was Roberts thinking SCOTUS maintains some control of what immunity is. The only pleasant thing on Tuesday was Trump humiliating Roberts with the pat on the arm and thank you- making it crystal clear who really has the power in this dynamic.
I hate Roberts for being an eager participant in the destruction of democracy but will take some small pleasure in watching Trump render Roberts and his beloved court as impotent. Sealing Roberts legacy as the worst Chief Justice in American history.
Selling sneakers, bibles, meme coins from the White House...Official Acts???
Selling pardons, citizenship ... Official Acts???
Canceling appropriated and obligated funds for foreign aid, research, health care, environmental protection... Official Acts???
Collusion with Putin and Russia to disadvantage of Ukraine, EU, NATO and the US ... Official Acts???
I know I am a legal naif but for the life of me (so to speak) I can not think of a case where taking care that the laws be faithfully executed can entail disregarding any of them.
100%
Asha, you never cease to amaze me. I appreciate your determination and perseverance. My faith in our country is seriously shaken and you keep going. You are the best of us.
Thank you, Mark!
The Roberts Court IS the constitutional crisis. This is true in the most proximate sense because the Roberts Court shielded Trump from prosecution and accountability through unprecedented interventions in Trump v. US (the immunity decision) and Trump v. Anderson (Colorado ballot).3 Even before then, without the Roberts Court’s Citizen United decision legalizing unlimited spending by billionaires, Elon Musk’s central role now—both in funding a significant chunk of Trump’s campaign and in dictating the shutting down of core federal programs—would be unimaginable. And, as Jack Goldsmith argues, Trump v. US also opened the door to a “maximalist theory of executive power.”
https://open.substack.com/pub/michaelpodhorzer/p/the-courts-will-not-save-us?utm_source=share&utm_medium=android&r=en6vv
Thanks as always, Asha, for your brilliant legal analysis. I just finished watching “Get Gotti” on Netflix. They finally put him away and he died in prison, but watching the Mob at work seemed rather relevant to the current situation.
As usual, you’ve given us excellent analysis of the horror show we’re currently living through. However, a Reverse Uno card AND Showcase Showdown reference?? Perfection. I also think you should do a solo piece on traumatizing television/movies/books consumed by Gen X. I’ll start - Salem’s Lot (TV miniseries version) scared the bejesus out of me 😱
Nightmare on Elm Street! And yes, the entire Stephen King oeuvre
Reading IT in the dark with all the lights off. 😬
It all started with the Escape To Witch Mountain movies as a kid for me, before moving onto the teen 80's horror movies.
I loved Escape to Witch Mountain as a kid! I desperately wanted it to be real (still do)
Weaponizing the DOJ to attack Jack Smith and J6 investigators and prosecutors. … Official Acts? OK, OK that’s Presidential prerogative.
Does that immunize Bondi, Bove, Martin from Bar Association investigation, censure and disbarment?
No, it should not.
Yes, Professor, another great article about very thorny issues. You are one of our best. I want you to be right that even Trump will ultimately have to comply, but I am not at all sure Trump won’t soon refuse to comply with a court order. Thank you for your guidance in these days.
In 1776 it was impossible to imagine a criminal president.
Maybe not a criminal President, but Federalist Paper #68 (1788) describes the main function of the Electoral College as being the main and all-important check for preventing an unqualified candidate, one of ill-character of “low intrigue,” to attain the highest office. Hamilton wrote that the Electorals job is ensure with “a moral certainty, that the office of President will never fall to the lot of any man who is not in an eminent degree endowed with the requisite qualifications,” and preventing foreign powers from gaining an improper ascendant in our councils.”
So yea, they saw this as a distinct possibility, but due to pure greed for political power by the Electors themselves, and our own elected representatives, we watched this most important and fundamental guardrail fail, which now leaves us in this uncharted territory, which is more frightening than any movie or book that was made to scare all of us parentally unmonitored Gen-X folks.
Thank you for the good work you did for us putting together this article. I think it has very important useful information that can be used to create a plan when we have elected officials who have enough political will and personal courage to do so.
Thanks for the great article. I just subscribed yesterday and it has already paid off.
Agree that an independent law enforcement agency under Congress or the courts would be a good idea, but do they have the ability to fund such an agency? One of the administration's first actions was to take over the payments system. Is there any way that Congress or the courts could have their own payment system to support such an agency or is this just another road that leads back to the White House?
I think the problem is that Congress is not an administrative body. They can establish an agency but the execution of that agency -- perhaps subject to statutory constraints, as some agencies like The Fed are -- would still more or less be under the executive branch. The issue is really about enforcement when the executive branch doesn't follow the law, either way. :(
Absolute read! Now that’s a loophole, or rather a huge black vortex. Thank you Ms. Rangappa.
Need a Luigi II. Or several. Or an alien abduction/invasion.
I know this is not helpful, but sometimes we need to just let fantasy calm us down.
A friend with a daughter who's a top student deciding between a dozen universities asked my opinion of UC Berkeley. I said it was pretty high before the law school hired John Yoo.