On February 6, 2024, the U.S. Court of Appeals for the District of Columbia delivered its anticipated takedown of the American presidency while pursuing the judicial lynching of President Donald J. Trump. They declared, for the very first time in our history, and contrary to the Constitution, that the President of the United States can be indicted for his official acts as President. That is problematic enough. But they went even further by allowing the prosecution of the former president, Donald Trump, by the current President Joe Biden, smack dab in the middle of a presidential campaign in which Trump leads Biden by widening margins in the race to become the nation’s 47th president. Biden Special Prosecutor Jack Smith claims that Donald Trump committed a crime by contesting the rigged 2020 election of Joe Biden, even after the U.S. Senate had acquitted Trump of any crime in his contest of the 2020 election and the protest of Trump’s supporters at the Capitol on January 6, 2021. The cheap thrills enjoyed by these judges and the legal insurrectionists cheering them on and threatening them with consequences should they rule any other way debase us. We become, because of them, nothing better than a banana republic or a Hitlerian or Soviet dictatorship.
Later in the afternoon Tuesday, Rep. Matt Gaetz (R-FL) announced that he was putting forth a resolution, joined by 62 members of the House, stating that President Trump did not commit an insurrection on January 6, 2021 undercutting Democratic efforts to use a moribund section of the 14th Amendment to bar Trump from the presidential ballot in various states and undercutting the gravamen of the propaganda campaign accompanying today’s Court of Appeals decision. Supreme Court argument on the 14th Amendment ballot cases will take place on Thursday. LaRouche PAC will be mobilizing its supporters in support of Gaetz’s resolution while renewing our petition drive demanding that Congress defund all the Trump prosecutions. It is time that The People told Washington this coup d’etat against our Republic must now end.
The inimitable Julie Kelly summarized the Court of Appeals decision as follows: “To reiterate, A Democrat president appoints a Democrat AG who then appoints an unaccountable unelected special counsel. A Democrat judge issues unprecedented opinion rejecting claims of presidential immunity from criminal prosecution and a Dem majority panel of judges appointed by THE SAME DEMOCRAT PRESIDENT upholds the immunity opinion.” She goes on to quote from the recitation of “facts” in the opinion, which makes very clear that its unconstitutional holding is only to apply to Donald Trump and no other President, past or present. This is consistent with official Washington’s longstanding refusal, both socially and legally, to recognize the fact that the American people elected Donald Trump president in November of 2016. In this decadent and dying Capital, the man the People elected, and his wife and family were always shunned and ritually humiliated at every turn by the “in” crowd. Here is how the Court of Appeals panel put it:
Trump was charged in a four-count Indictment as a result of his actions challenging the election results and interfering with the sequence set forth in the Constitution for the transfer of power from one President to the next. Former President Trump moved to dismiss the indictment and the district court denied this motion. Today, we affirm the denial. For the purpose of this criminal case, former President Trump has become citizen Trump with all of the defenses of any other criminal defendant. But any executive immunity that protected him while he served as President no longer protects him against this prosecution.
This statement is made and enforced even though all the alleged actions cited in Jack Smith’s indictment were conducted while Donald Trump was President in his presidential function.
The Court covers its bias by asserting that for purposes of appeal, Jack Smith’s Alice in Wonderland characterization of President Trump’s actions post 2020 election must be taken as true. Thus, we are to assume that Trump, knowing full well that he had lost the election, decided to stage a coup to keep himself in power by waging baseless legal actions and promulgating claims of fraud resulting in an insurrection at the Capitol aimed at blocking the counting of the electoral college vote. If we accept that fiction, how can we say the President is immune from prosecution? The decision becomes unhinged as it follows out this line of sophistical reasoning. Granting immunity in this circumstance would destroy our Constitutional order according to the judges’ fever dream.
But Smith’s crap is just that, factually and legally. President Trump justifiably believed that the 2020 election was rigged. He fought to be able to produce the evidence demonstrating that as did his supporters. That rigging, at the behest of Joe Biden and the people pulling Biden’s strings, was the paramount and unaddressed threat to our constitutional order. Further, immunity for official presidential acts is just what the Constitution demands. It limits the circumstance in which the President can be tried criminally for his official acts to the circumstance that he has been impeached and convicted in the Senate, something which did not happen here.
Here is what legal scholar Mike Davis said on Twitter with which this author agrees:
“Today's decision by the Democrat-controlled DC Circuit Court of Appeals is as predictable as it is wrong. Members of Congress are immune, both civilly and criminally, for their officials acts. So are federal judges. Why wouldn't the President of the United States--any President? Four DC federal judges did not even establish at a baseline level that the President of the United States cannot be thrown in prison by his successor based upon his official acts. They ignored the Constitution's separation of powers. Thus, the Supreme Court must take and decide this case. This case is much bigger than Trump. This precedent is very dangerous and highly destructive to the presidency--thus, our Constitution and country. This means the Trump 47 Justice Department can prosecute Obama--along with his aides like U.S. Circuit Judge David Barron, Obama's legal advisor at the time--for capital murder for their extrajudicial drone-striking of American citizens (including a minor). This also means the Trump 47 Justice Department can prosecute Biden for his illegal release of dangerous migrants into the United States and the natural and probable crimes they commit. Will the Supreme Court do its job? Or allow these Republic ending tactics?”
The Jacobins at MSNBC, the Washington Post, the New York Times, etc. duly salivated over the decision. They have no means to defeat Trump other than lawfare and they are desperate. They need Trump’s trial and almost sure conviction by a biased DC jury and Judge to proceed forthwith, ahead of the November 2024 election. According to them, polling shows that some voters who currently support Trump would defect if Trump were criminally convicted. Yet their planned legal atrocity is impossible if perfectly standard appeals of the unprecedented Constitutional issues present in this case proceed on the normal three-to-four-month schedule at each appellate stage.
As if to demonstrate that they had thoroughly ingested the fascist Kool-Aid, the Court of Appeals judges refused to stay their mandate, as would be the normal course. That would allow President Trump to appeal to the entire D.C. Court of Appeals en banc before taking his appeal to the U.S. Supreme Court. Instead, they ordered Trump to appeal to the Supreme Court by Monday, February 12th, lest they return the case to the trial court to resume the rush to guilty verdict there. The normal schedule for a Supreme Court appeal is 90 days from an en banc decision.
In pursuit of a quick judicial hanging of Trump, Special Prosecutor Jack Smith had previously attempted to circumvent the intermediate appeals court entirely. He demanded that the Supreme Court hear the matter immediately as an emergency exercise in the public interest. The Supreme Court summarily rejected this gambit. That and the black propaganda claims accompanying it in the media –claiming that Trump’s exercise of the appeal rights guaranteed to any citizen were some Machiavellian dirty trick by the former President –created the necessary cover for this Court of Appeals panel to demand a ridiculously truncated appellate schedule. Two Jacobin judges, Florence Pan, and J. Michelle Childs, both appointed by Biden, were on the appeals panel along with 80-year-old senior judge Karen LeCraft Henderson who was appointed by George H.W. Bush. Briefing and oral arguments were completed one month after the District Court decided against Trump’s assertion of presidential immunity. Even then, the lawfare insurrectionists including Mueller Special Prosecutor Andrew Weissman, raged about delay and conducted a concerted media campaign pinning the blame on Judge Henderson who was characterized as a covert Trump supporting reprobate.