What does the United States do when justices on the Supreme Court conspire to obstruct the legitimate prosecution of a criminal?
Trump v. United States
The Supreme Court issued an opinion, “Trump v. United States” on July 1,2024. The six Republican justices signed on to the majority opinion. The three Democratic justices filed damming dissents.
The Court’s decision is illogical, without basis in statute, deceptive in its use of civil immunity and separation of powers, and is in clear opposition to the words of the U.S. Constitution (Article3, Section 3), “he (the president) shall take care that the laws be faithfully executed”. See quote below.
Laws are drafted by the Congress and signed into law or vetoed by the President, an equal partner in the process. Legislation is a joint effort by both parties. There is no separation of powers in the passage of laws. In addition, the Constitution directs the president to enforce the laws that he/she has helped enact.
Opinions of the Supreme Court have never been thought of as criminal action.
In Trump v. United States, however, we must seriously consider the reality that the six Republican justices chose to fabricate an obstacle to the legal process of pursuing a criminal prosecution of a former Republican president. Three of those justices were appointed by the same former Republican president who is currently in this case under indictment for four counts of conspiracy and obstruction.
In short, this opinion is so devoid of honest legal logic that it is corrupt.
Accomplice After the Fact
The decisions to grant an appeal to Trump, the delay in issuing the decision, and the decision to grant him immunity from official acts and presumptive immunity for other acts are grounds for an indictment of the six Republican justices under 18 U.S. Code Section 3, Accomplice After the Fact. See quote below.
An accessory-after-the-fact is someone who assists
- someone who has committed a crime,
- after the person has committed the crime,
- with knowledge that the person committed the crime, and
- with the intent to help the person avoid arrest or punishment.
An accessory after the fact may be held liable for, among other things, obstruction of justice.
A Supreme Court justice has never been indicted in the 236 years of the Republic. It is clear, however, that these six justices have committed a crime. I am not sure whether the six justices considered whether they could be held criminally liable for an opinion that was fraudulent.
Opinions are not infallible. Many are clearly biased but to prevent chaos the parties bend to the decision even if flawed.
This case, however, is profoundly different. It drives a stake into the heart of the Constitution. We have the plaintiff, a former Republican president accused of crimes against the country in violation to his oath of office, claiming immunity from criminal laws that the Congress and the President have enacted, and the six Republican Supreme Court justices falsely giving him a “get out of jail free card”. This puts the entire Constitution and the United States in jeopardy. For the sake of the Republic, we must prosecute this opinion as a crime.
In the end, the justices are all subject to the laws of the United States. These six justices must be held criminally accountable.
I suspect that the Department of Justice is considering this action and that is why Jack Smith asked for a three week delay.
Notes
U.S. Constitution, Article 2, Section 3.
He shall from time to time give to the Congress information of the state of the union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both Houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States.
18 U.S. Code § 3 - Accessory after the fact
Whoever, knowing that an offense against the United States has been committed, receives, relieves, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment, is an accessory after the fact.
Except as otherwise expressly provided by any Act of Congress, an accessory after the fact shall be imprisoned not more than one-half the maximum term of imprisonment or (notwithstanding section 3571) fined not more than one-half the maximum fine prescribed for the punishment of the principal, or both; or if the principal is punishable by life imprisonment or death, the accessory shall be imprisoned not more than 15 years.
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