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Drudge Retort: The Other Side of the News
Friday, April 26, 2024

Josh Marshall: We are where we should know we are. The Roberts Court is a corrupt institution which operates in concert with and on behalf of the Republican Party and to an ambiguous degree right-wing anti-regulatory ideology. If we believe in a different set of policies or even democratic self-governance we will have to succeed at that with the Supreme Court acting as a consistent adversary.

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... The Roberts Court is a corrupt institution which operates in concert with and on behalf of the Republican Party ...

I'm not ready to go that far at this point.

I will say, though, that it does seem that Chief Justice Roberts no longer seems to be in control of the Court he presides over.

#1 | Posted by LampLighter at 2024-04-25 08:28 PM | Reply | Funny: 1

Sure the Roberts Court is partisan, I thought. But there's a threshold level belief in the rule of law. My guiding heuristic has been that the Roberts Court, especially in its post-2017 iteration is thoroughly corrupt and will generally do whatever is in the interests of the GOP so long as it doesn't put too big a dent in the Court's own perceived legitimacy and elite social standing.

Everything comes into conceptual alignment if we understand the Court's corruption: corrupt in its construction, corrupt in its jurisprudence, venally corrupt as well, though that is the least of its problems. No. We don't want to shore up faith in a corrupt institution.

That's the challenge in front of us. It sucks. But things become more clear cut once we take the plunge and accept that fact. Swallow it whole.

It's better to rip the blinders from our eyes than to kid ourselves about how the plutocratic right has corroded the American experiment, desecrating our constitutional bedrock belief in the Rule of Law and no one person being beyond its reach.

#2 | Posted by tonyroma at 2024-04-25 08:31 PM | Reply | Newsworthy 1

This:

The Hoarse Whisperer
@TheRealHoarse

Hi, the Supreme Court isn't an actual court. It's six paid operatives pretending to consider arguments while overturning laws for money.

Hope that helps clear up what happened today.

#3 | Posted by Gal_Tuesday at 2024-04-25 08:57 PM | Reply | Newsworthy 2

Josh Marshall
@joshtpm

To be clear, I still think SCOTUS will issue a considered decision on this case. By which I mean a decision carefully tailored to prevent any possibility of Trump being tried before the election but without limiting Trump's ability to indict and try Joe Biden next year.

#4 | Posted by Gal_Tuesday at 2024-04-25 09:30 PM | Reply | Newsworthy 1

Given the fact that the top qualification for the job the last ten years was being on a right wing think tank list, is it really surprising that this is where we're at?

#5 | Posted by jpw at 2024-04-25 11:14 PM | Reply | Newsworthy 1

Dire observation:

Ian Bassin
@ianbassin

Alito is indicting a criminal justice system when it comes to Trump that he defends when it comes to every other criminal defendant.

He's such a bad faith actor.

Ruth Ben-Ghiat
@ruthbenghiat

No longer primarily a jurist, but a far-right ideologue who is using his positon to help an autocracy come into being. This is how he will be seen later.

twitter.com

#6 | Posted by Gal_Tuesday at 2024-04-25 11:45 PM | Reply | Newsworthy 1

As I previously had mentioned ... while Democrats toiled with their TDS the Republicans played the long game and focused for decades on capturing the SCOTUS. Presidents come and go and let's be real ... there is only so much they can do. The Court as we know is a rather different matter. I've always been of the view that the party that controls the Court controls the direction of this nation for decades.

Unfortunately, for a good number of you; Democrat shortsightedness I believe will cost the Dems in the get Trump fiasco that your party leaders thought was a good idea while Republicans will simply shut it down and smile as they do it.

#7 | Posted by Bluewaffles at 2024-04-26 01:31 AM | Reply

LOL

#8 | Posted by oneironaut at 2024-04-26 01:38 AM | Reply

Every once in a while the Supreme Court does something to rehab its credibility, as long as it doesn't cost them too many brownie points with Trump. Today didn't appear to be one of those days. Alito exposed their corruption when he said he didn't want to talk about the facts of the very case they were there to talk about ~ and then took the case of total immunity for Trump into a senseless spiral of ridiculous hypotheticals.

There's no doubt about it. Trump got his money's worth today.

#9 | Posted by Twinpac at 2024-04-26 04:31 AM | Reply

Looks like our 47th president will be our first king, yay for Putin. If the court is willing to do this than what do they know that we don't? Kind of sounds like they're banking on Trump to win this November ... .at any and all costs.

#10 | Posted by 2020Rocks at 2024-04-26 09:50 AM | Reply

2020, all of the polling seems to already indicate this. Biden should have focus on curbing inflation than cowtowing to fringe university far leftists. There is still time for him to turn the economic situation around but not much.

#11 | Posted by Bluewaffles at 2024-04-26 09:57 AM | Reply

In early 2021, Trump's lawyers said during his second impeachment trial that there was no need for the Senate to convict the former president, because the matter was better left to the judiciary.

In early 2024, Trump's lawyers said the former president's alleged crimes can't be left to the judiciary, because the Senate didn't vote to convict.

www.msnbc.com

This is precisely why the Roberts Court showed just how corrupt it is yesterday. Not a single male member of the SCOTUS bothered to mention that Trump's arguments show that they aren't based on sound legal principles, they're based on stretching and bending reality to fit Trump's legal needs in any particular moment.

There is a clear and present reason none of the males wanted to address the actual facts of the case brought before them instead of inventing far-fetched hypotheticals never before brought before them because no other former President tried to illegally remain in office through a conspiracy involving the disenfranchisement of legal voters across numerous states. That reason is Trump's charged conduct is unique to him and him alone. There is ZERO need to extrapolate of an even more unhinged tyrant bent upon revenge and retribution more than Trump himself has already articulated.

Our Founders were basically optimistic. They saw a future where American citizens would seek the wiser, educated, and capable amongst us when choosing Presidents. And even though they anticipated a time might come when a malevolent but popular tyrant is elected to our highest office, they created the tools for saner elected representatives to stop them once they've crossed the line. Trump has turned all of this on its head with an assist from the Federalist Society arsonists currently in the process of setting this nation's Constitution on fire for the sake of protecting the most vulgar and gravest internal threat to democracy this nation has ever seen.

#12 | Posted by tonyroma at 2024-04-26 10:01 AM | Reply

2020ROCKS

"Kind of sounds like they're banking on Trump to win this November ... .at any and all costs."

BINGO!

Considering that this immunity plea is tailormade for Trump, I'd say you're right.

OTOH ~ The object has always been to delay, delay, delay. So, rather than box themself into a "what if" corner, I'm guessing they'll remand this case back to a lower court on some pretext of clarification. It's a chicken---t move but one that will serve the purpose to delay.

#13 | Posted by Twinpac at 2024-04-26 10:12 AM | Reply

People are way over-reacting.

The issue of immunity from the Court of Appeals decision wasn't exactly helpful. It just essentially found presidents don't have absolute immunity for their acts.

The Supreme Court seems to be delving more into whether it was an Official Act or a Personal Act and how far Immunity extends to protect a future ex-president from potential political prosecution. January 6 is likely to be found a Personal Act that Trump has no immunity for.

The main takeaway should be that the Supreme Court is trying to find a rule for the future that both protects existing immunity but doesn't overstep in providing total immunity. And that hasn't been done yet by the district court or court of appeals. It's frankly a complicated mess because differentiating between Official and Personal Acts is almost impossible in some areas.

Likely outcome: Some immunity but not total and Trump can still be tried for much or all of January 6.

#14 | Posted by Sycophant at 2024-04-26 10:12 AM | Reply

The Founders didn't account for creeping societal stupidity, the rise of the internet and hive mentality, or
the rise of bought and paid for opinions, propaganda, and misinformation's spread over mediums like the Internet
or television (ala YouTube, etc...). They also counted on the concept of fair play, a notion which was thoroughly
squashed by the right repeatedly, via actors like Mitch McConnell, Tom DeLay, John Boehner...to name just a few.

It is alright to be an optimist, but one has to be a realist too, and realize when the
'Rules of the Game' have changed...

What say you, Tyrion Lanister?

"The Rules have changed Jon Snow.
And we are left clinging to an outmoded paradigm."

#15 | Posted by earthmuse at 2024-04-26 10:22 AM | Reply | Newsworthy 1

2020, all of the polling seems to already indicate this. Biden should have focus on curbing inflation than cowtowing to fringe university far leftists. There is still time for him to turn the economic situation around but not much.

#11 | POSTED BY BLUEWAFFLES

Please tell me you're not genuinely unaware of why people think you're an idiot?

I mean, you have a child's view of politics.

#16 | Posted by jpw at 2024-04-26 10:46 AM | Reply

JPW, writing is on the wall my friend. You know it and I know it. Anyways Jack Smith won't get his trial before the election. That's all that matters ... Better luck next time Dems.

#17 | Posted by Bluewaffles at 2024-04-26 11:57 AM | Reply

"Brett Kavanaugh's 'Jarring' Supreme Court Remarks Stun Legal Experts

Supreme Court Justice Brett Kavanaugh has described President Gerald Ford's pardon of Richard Nixon as "one of the better decisions in presidential history""drawing the ire of legal analysts."

"One of the many jarring observations floated by some Supreme Court Justices at oral argument on immunity was the one by Brett Kavanaugh that Ford's decision to pardon Nixon looks better and better as time goes on. In fact, many historians and observers attribute that pardon to Trump's present sense of actual immunity," Lisann wrote."

"As a young lawyer, Brett Kavanaugh was part of Ken Starr's team that investigated Bill Clinton. He's a political hack. He's always been a political hack. He'll always be a political hack," he wrote."
excerpts

www.newsweek.com

#18 | Posted by Corky at 2024-04-26 12:07 PM | Reply | Newsworthy 1

"
#14 | POSTED BY SYCOPHANT AT 2024-04-26 10:12 AM | FLAG: "

It seems like they are really grappling with where and how to draw the line between presidential/official acts and personal acts.

I absolutely understand official immunity as sometimes situations warrant bold and decisive action from the Executive and without official immunity a decision making paralysis could be the result.

#19 | Posted by BellRinger at 2024-04-26 12:29 PM | Reply

They, the rwingers, are really grappling with how to delay the trial until after the election when the guy who put them on the bench can quash the case himself if he wins.

They spent their time dismissing questions about the facts of the case before them, and rather chose to discuss speculative what-ifs... like what if the Pres held a Civil Rights protest in the Capitol building during the Elector counting process and just happened to delay it?

You know, important crap like that.

They aren't going to be able to grant the full immunity that Traitor Trump asked for, but they can delay the process, and being bribed criminals like Thomas and political hacks like Kavanaugh and Alito, they will surely do that.

#20 | Posted by Corky at 2024-04-26 12:39 PM | Reply

People are way over-reacting.

No, people are not overreacting. The Roberts Court was tasked to answer a simple question based on a known set of conditions that are real and not hypothetical. The question at issue was does Donald Trump possess ANY form of Presidential immunity for the specific acts he's being charged with regarding January 6th(?) The Roberts Court has told this nation repeatedly that's it's not their job to legislate or rewrite laws from their bench unless there is a constitutional issue at stake which they deem either Congress or the Executive have misinterpreted.

That is not the case with Trump v. U.S.. The ONLY issue before the Court was whether or not Donald Trump has inherent constitutionally-based immunity from prosecution for the criminal acts he's charged with committing on and around January 6th and his conspiracy to illegally remain in office against the expressed will of voters and the constitutional process of presidential succession.

Worrying about what presidential actions are "core" or "not core" is not germane to answering the precise question put before the SCOTUS. And the most insidious aspect of Alito's meandering rant is that he completely ignores that no former President EVER has been charged with a crime expressly by his successor - including Trump. So what basis of fact is his hypothetical point based on? N-O-N-E!

President Biden has nothing to do with the DOJ investigating and charging Donald Trump, but if one listens to Alito, that is the direct allusion his questioning promotes. No one is asking today's SCOTUS to set parameters for presidential conduct but for the SCOTUS itself. Instead of sticking to what has already occurred under an actual President, hours were wasted on hypotheticals which don't address the ripe issue they injected themselves into.

Presidents place their hand on a bible and swear to faithfully execute our laws under the Constitution. Unlike most every other President not named Nixon, Trump not only broke his oath by conspiring against the Constitution, he's now trying to undermine that Constitution in alliance with corrupted judges placing the protection of fantasy before the prosecution of criminality, turning the Constitution on its head.

#21 | Posted by tonyroma at 2024-04-26 02:23 PM | Reply | Newsworthy 3

Abolish the Supreme Court!

#22 | Posted by a_monson at 2024-04-26 03:04 PM | Reply

Abolish the Supreme Court!

#23 | Posted by a_monson at 2024-04-26 03:16 PM | Reply

If Merrick Garland hadn't waited for so long, the Trump J6 trial would've already been decided.

#24 | Posted by lee_the_agent at 2024-04-26 04:32 PM | Reply

Say it with me: All the NY courts are corrupt.

#25 | Posted by THEBULL at 2024-04-27 02:59 PM | Reply

Say it with me: All the NY courts are corrupt.

#25 | POSTED BY THEBULL

Say it with me: Donald Trump and all the Trumps are corrupt.

There, now. Feel better, don't you?

#26 | Posted by Zed at 2024-04-27 03:59 PM | Reply

If Merrick Garland hadn't waited for so long, the Trump J6 trial would've already been decided.
#24 | Posted by lee_the_agent at 2024-04-26 04:32 PM

The corruption is baked in, yes.

#27 | Posted by redlightrobot at 2024-04-27 04:09 PM | Reply

Is this just NOW coming to light for you? We've been screwed since Scalia.

#28 | Posted by morris at 2024-04-27 05:11 PM | Reply

The US supreme court has always been corrupt.

#29 | Posted by tres_flechas at 2024-04-27 07:48 PM | Reply

#25 wants the government to tread on everyone except for #25.

#25 isn't alone in this.

#30 | Posted by tres_flechas at 2024-04-27 07:50 PM | Reply

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