The best explanation I’ve seen for why Donald Trump should not get to pick a second Supreme Court justice.

By |2018-06-30T06:33:26+00:00June 29th, 2018|Categories: Front Page, News|Tags: , , , , |7 Comments

This is from a former federal public corruption prosecutor leaving a comment over at Talking Points Memo:

I am deeply concerned that the Kennedy retirement will put the rule of law and our democratic institutions at graver risk than ever before. The President of the United States is the subject of a serious federal criminal investigation into (1) whether he conspired with a foreign adversary to help him win a narrow electoral college victory; and (2) whether he has obstructed that very investigation by, among things, firing the FBI director in charge of the investigation. The President will now be able to choose the person who, in a very real sense, may be the ultimate arbiter of whether or not he and others are ever held accountable.

Consider that the Supreme Court may be called upon to decide, for example, whether the President can pardon himself or others to protect himself, whether a sitting President can be indicted, whether a sitting President can be compelled to testify before a federal grand jury, whether the appointment of the Special Counsel somehow violated the Appointments Clause (as some conservatives absurdly assert), and whether a President can ever obstruct justice. Even beyond the Mueller investigation, the Supreme Court may be called upon to decide whether the President’s acceptance of significant foreign funds through his businesses violates the Emoluments Clause. We have no idea how Justice Kennedy would have ruled on these questions (he hasn’t exactly distinguished himself in the last two days). But we have no doubt how a Trump appointee will. Never before has the selection of a Supreme Court nominee been so thoroughly compromised by the President’s profound personal interest in appointing a judge the President can count on to protect the President. This is DEFCON 1 for the rule of law in this country.

Democrats in the Senate seem to have missed this point or are too feeble to effectively prosecute the basic conflict of interest case. Instead, they have fallen back on the “McConnell rule” as a justification to delay a vote. Make no mistake, the treatment of Judge Garland and the theft of President Obama’s nomination power was an outrage and a terrible precedent. But Democrats should not endorse it. They should not let McConnell’s mendacity become the norm. It should stand on its own in history as the flagrant abuse of power that it was. In any event, Democrats have a much stronger case to make: no vote should be taken until after the Special Counsel has submitted a report to Congress, or closed the investigation of the President. A President under federal criminal investigation for stealing an election should not be able to nominate the person who may decide his fate. There will be a cloud over the legitimacy of this nomination unless and until the cloud of the Mueller investigation has been lifted.

Of course, the problem is that I don’t think that there is anything we can do to stop Trump from making this second appointment.

But we still have to fight like we have a shot. 

Because to do anything else is to accept what is absolutely unacceptable, that Donald Trump might bribe the referee and get away scot-free. 

About the Author:

This blog is dedicated to finding the truth, exposing the lies, and holding our politicians and leaders accountable when they fall far short of the promises that they have made to both my fellow Alaskans and the American people.


  1. usa June 29, 2018 at 2:03 pm

    Every single move, nomination, appointment, action, or rally by don john drumpf is reason to investigate. Over at and several other news outlets there the story sits. Retiring Judge Kennedys ties to don john drumpf and family. Yep the judges son works for douche bag bank of money laundry service. And guess what? He bailed out trump and ASSociates. Cadet bone spur is in so much trouble. He should be removed by Our Military today and taken to jail. The crimes are huge.

  2. Anonymous June 29, 2018 at 4:16 pm

    I believe both Justice Gorsuch and this yet to be announced apointee would both have to recuse themselves from participating in any decision directly affecting Trump’s fate. Whether they would indeed do so remains to be seen.

  3. Anonymous June 29, 2018 at 5:56 pm

    Yes and the hypcritical excuse the GOP used,it is an election year,boy they forgot that one fast!

  4. Anonymous June 29, 2018 at 6:15 pm

    It is time that the Democrats stand up and open their mouths.enough rolling over and taking it.

    We are the majority being bullied by a fascist minority.

    Enough, our democracy depends on it.

  5. Anonymous June 30, 2018 at 1:54 am

    The Don will get to appoint a Justice, and at least one of his selections will be appointed. End of story, time to move on.

  6. anonymous July 1, 2018 at 7:38 am

    “He is not the president the American people wanted, and he took office as a consequence of an electoral system created to protect the institution of slavery more than two centuries ago. The accumulated ire over all this inspired two of the largest days of civil demonstrations in the history of the United States.’ ” impeaching Trump is simply the right thing to do. He is the head of an immoral administration and our political system offers very few options for immediate formal recourse.”
    “Our institutions and norms were not built for this and will not prevent the Republican Party from pounding a Democratic Party playing by an antiquated set of rules into dust. But the GOP can be weakened. Impeaching Trump and obstructing the activities of this Congress are sensible ways to start.’

  7. Anonymous July 3, 2018 at 1:10 am

    For that matter, all of his appointments and executive orders should be nullified if he’s found. guilty

Comments are closed.