Thursday in the Courts

These days, it's a race to the bottom to see who can move more slowly to decide important issues related to the former president that are in front of them: Judge Aileen Cannon or the Supreme Court. It is a tense moment in our history, abetted by a slow-moving federal judiciary.

The Supreme Court has yet to decide whether Donald Trump will be cloaked in presidential immunity for his efforts to steal an election he lost. That’s something that seems completely nonsensical when you try to write it out in a sentence. But it has apparently kept the Court, or at least some of the Justices, tied up in knots for months now.

Hugo Lowell at the Guardian reported today that DOJ still holds out a slender hope that, depending on how the Supreme Court decides the case and whether it sends it back to the Court of Appeals or to Judge Chutkan, there could be a very narrow potential trial window in September. The sun, moon, and stars would have to all align for that to happen now. But, it didn’t have to be this way. We are here because this Supreme Court didn’t act expeditiously like the Court did with President Nixon or in Bush v. Gore.

Judge Cannon, too, is allergic to ruling on matters before her when it comes to Donald Trump. Earlier this week, she heard argument from the lawyers on the Special Counsel’s motion to change Trump’s conditions of pre-trial release—the government wants the Judge to prohibit him from continuing to say the FBI was out to assassinate him when they executed the search warrant at Mar-a-Lago. That’s something that even his own lawyer was forced to concede isn’t true in court.

Rather than making a decision (which would be immediately appealed by the losing party to the Eleventh Circuit Court of Appeals), Judge Cannon has ordered another go-round of briefing by the lawyers with a due date on July 5.

Judge Cannon is also going to reconsider the decision made by Judge Beryl Howell, in Washington, D.C., that the government is entitled, because of the crime-fraud exception to the attorney-client privilege, to use notes kept by one of Trump’s attorneys to prove the former president’s intent to obstruct the investigation into his retention of classified material. The hearing before Judge Howell was detailed and Trump was provided with the opportunity to make all of the same arguments he will raise again before Cannon. It’s surprising to see a judge relitigate an issue between the same parties that a court previously decided, but Judge Cannon wrote that because the first decision took place before Trump was indicted, she is entitled to revisit the issue. This issue has been pending for some time and Judge Cannon seems to be in no hurry to rule.

A Judge’s job is, literally, to make decisions. We see precious little of that going on in the Southern District of Florida. Delay. Delay. Delay.

This slow-walking of the cases essential to holding the former president accountable came to a crescendo just as Trump and Biden took to the debate stage in Atlanta. Trump lied shamelessly. With no fact-checking, it sounded a lot like a typical Trump stump speech. For instance, Trump lied and said he was responsible for lowering Insulin prices. That’s a bald-faced lie—it was done by Biden. But it went unchecked. President Biden's performance was off; his raspy voice sounded like he was coming down with something, and especially early on, he didn’t convey the same State of the Union speech energy people hoped to see tonight.

I’ll let the political analysts and the pollsters assess the debate's impact and leave you with an encouraging conversation I had tonight. I asked some young people if they and their friends were paying attention to the debate. The bottom line was that while some of them wanted to watch it, most people weren’t paying attention—the election is still too far away. But when I asked whether they were going to vote for Biden, the response was clear: “Of course.” Sure, they think Biden is old. They don’t like all of his policies. But, “We’re not stupid,” they told me. “We understand what’s at stake.” These young people, who get that they have the most to lose if Trump wins, are prepared to do what’s necessary in November.

That’s an important point to make in conversation as we head into the Fourth of July holiday; understanding what’s at stake. Not only abortion, but birth control and IVF. LGBTQ and trans rights. The fight against Russian expansionism and our continued participation in NATO.

It’s obviously about more than that. It’s about whether we’ll continue to be a democracy.

Like he did before the 2016 election and again in 2020, Trump won’t agree to commit to abide by the will of the voters in this election. Given three chances to say he would, he refused to say he would. That should be it. You can’t run a democracy if you won’t commit to the democracy. And Trump won’t. He can’t. Make sure you emphasize this point, especially with younger voters whose turnout is essential, in the weeks ahead.

How are you feeling after the debate tonight? There was plenty of concern about Biden’s performance. Let’s discuss.

Were in this together,

Joyce