According to Charles P. Pierce, yesterday was a pretty good day.
“And, on fourth-and-15, here comes veteran John Roberts, back to kick. Takes the snap, and it’s a long one. Waaayyy down the field. It takes a huge Camp Runamuck bounce and it goes out of bounds, pinning the Republic back on its own three-yard line. Roberts really outkicked his coverage…”
I’m sorry about that. God, I’ve got to get another sportswriting gig.
The Supreme Court on Thursday did what most people expected it to do on the matter of El Caudillo del Mar-a-Lago’s financial records. It denied Congress’s attempt to subpoena the material, but it did rule that New York County DA Cyrus Vance, Jr. one day could go gamboling through the vast vista of scams and grifts and frauds likely contained therein. Indeed, in ruling in Vance’s favor, Chief Justice Roberts wrote in the Court’s unanimous opinion on that point:
No citizen, not even the president, is categorically above the common duty to produce evidence when called upon in a criminal proceeding.
This is a major statement on presidential power and, in that regard, it can rank with US v. Nixon and Jones v. Clinton. And hooray for that. (As far as the congressional subpoenas go, there is at least an arguable separation-of-powers claim to be made. Clearly, Roberts swung the entire Court onto the institutionalist side of his conscience. I wouldn’t make it, but it’s at least worth piling up the billable hours on.)
But the two rulings also ensure that he country will not get to see this information any time before the November election. The case of the congressional subpoenas will go back into the maelstrom of the lower courts. Vance was clearly luckier than Congress was but, after Vance’s own fandango in the lower courts, all of the documents under subpoena will go to a grand jury, the proceedings of which will be secret and, therefore, the information in the documents will remain inaccessible, at least for the foreseeable future. Nonetheless, the president* responded on the electric Twitter machine by going utterly bananas.
“We know what took place. We have already seen criminality. What is happening? Biggest political scandal of our time.” @MariaBartiromo You are 100% correct, Maria, it is a disgrace that nothing happens. Obama and Biden spied on my campaign, AND GOT CAUGHT…BUT NOTHING!
We have a totally corrupt previous Administration, including a President and Vice President who spied on my campaign, AND GOT CAIGHT…and nothing happens to them. This crime was taking place even before my election, everyone knows it, and yet all are frozen stiff with fear….
No Republican Senate Judiciary response, NO “JUSTICE”, NO FBI, NO NOTHING. Major horror show REPORTS on Comey & McCabe, guilty as hell, nothing happens. Catch Obama & Biden cold, nothing. A 3 year, $45,000,000 Mueller HOAX, failed – investigated everything…
.for another President. This is about PROSECUTORIAL MISCONDUCT. We catch the other side SPYING on my campaign, the biggest political crime and scandal in U.S. history, and NOTHING HAPPENS. But despite this, I have done more than any President in history in first 3 1/2 years!
This certainly sounds like the reasoned rebuttal of an innocent man.
(For the historical record, here’s how the Nixon White House, through attorney James St. Clair, responded to the 8-0 decision demanding that he hand over the subpoenaed White House tapes: “[The president] has always been a firm believer in the rule of law.”)
All in all, it was a pretty good day for the Republic, although it’s still got a long way to go before it hits pay dirt. And hope does spring eternal. After all, in the other decision by the Court on Thursday, almost half of the state of Oklahoma was determined to belong to Native Americans. Wrote Justice Neil Gorsuch (!):
On the far end of the Trail of Tears was a promise. Forced to leave their ancestral lands in Georgia and Alabama, the Creek Nation received assurances that their new lands in the West would be secure forever. In exchange for ceding “all their land, East of the Mississippi river,” the U. S. government agreed by treaty that “[t]he Creek country west of the Mississippi shall be solemnly guarantied to the Creek Indians.” The government further promised that “[no] State or Territory [shall] ever have a right to pass laws for the government of such Indians, but they shall be allowed to govern themselves.” Today we are asked whether the land these treaties promised remains an Indian reservation for purposes of federal criminal law. Because Congress has not said otherwise, we hold the government to its word.
The “government” to which Gorsuch is referring was sitting in 1832. Andrew Jackson was president. John C. Calhoun was vice president. Henry Clay and Daniel Webster were in the Senate. John Quincy Adams and James K. Polk were in the House. John Fcking Marshall was still Chief Justice of the Supreme Court. Of course, shortly thereafter, the Jackson Administration began the genocidal campaign that ended with the Trail of Tears that brought the tribes. including the Creek people, from their ancestral lands in the southeastern United States to Oklahoma where, on Thursday, the Supreme Court ordered the United States to live up to the deal it cut with those folks lucky enough to have survived.
Mills of the gods. Arc of the moral universe, and all that. If the Creek people can wait this long to settle a land case, we can be patient about a bunch of paperwork from Deutsche Bank.
In other news, I am happy to announce that “All Together Again,” the long-awaited sequel to my award-winning play “All Together Now,” has now been published by Smith Scripts. Check it out, or better yet, order a copy.