{"id":11476,"date":"2023-08-17T13:02:24","date_gmt":"2023-08-17T13:02:24","guid":{"rendered":"http:\/\/lonecandle.com\/?p=11476"},"modified":"2023-08-17T13:02:24","modified_gmt":"2023-08-17T13:02:24","slug":"will-anyone-trust-these-hyper-politicized-courts-to-try-donald-trump","status":"publish","type":"post","link":"https:\/\/lonecandle.com\/?p=11476","title":{"rendered":"Will anyone trust these hyper-politicized courts to try Donald Trump?"},"content":{"rendered":"\n

\n\n“In 2016, after Justice Antonin Scalia\u2019s death gave Democrats their first chance in a generation to control the Supreme Court \u2014 and with it the federal judiciary \u2014 Senate Republican Leader Mitch McConnell announced that no nominee would receive a confirmation hearing<\/a> until after that year\u2019s presidential election. He claimed that this newly invented rule against election-year confirmations was necessary to ensure that \u201cthe American people have a voice in this momentous decision.\u201d<\/p>\n\n\n\n

Yet, after McConnell successfully held this seat open until Trump could fill it, Republicans reversed course when Justice Ruth Bader Ginsburg<\/a> died fewer than two months before the 2020 election<\/a> that cast Trump out of office. Republicans didn\u2019t just give Trump nominee Amy Coney Barrett<\/a> a confirmation hearing, they raced to confirm her just eight days before the election<\/a>.”<\/p>\n\n\n\n

…<\/p>\n\n\n\n

“Any trial of a former head of state would be a difficult endeavor. Anyone elected to the nation\u2019s highest office is likely to have many loyal supporters throughout the country, who will be skeptical of claims that their political leader is actually a criminal. And, in the United States, any former president will have appointed a significant percentage of the federal judiciary.<\/p>\n\n\n\n

 And again, Trump\u2019s criminal trials will not be heard under the best of circumstances. Trump may try to rally his supporters to commit acts of violence similar to the January 6 attack on the Capitol. Many of Trump\u2019s judges aren\u2019t just unusually conservative, they show little regard for the rule of law<\/a>. And, in part because the United States has never tried a former president before, Trump\u2019s criminal trials are likely to produce a raft of novel legal questions that can be readily appealed to higher courts \u2014 including the hyper-politicized Supreme Court.<\/p>\n\n\n\n

On top of all of this, at least one of the former president\u2019s trials will be overseen by Judge Aileen Cannon, a Trump appointee who has previously behaved like she is a member of Trump\u2019s legal defense team<\/a>.  
<\/p>\n\n\n\n

 It is far from clear, in other words, that the judiciary enjoys enough public trust that it can endure the political strain Trump\u2019s trials will put on its spine \u2014 even assuming that every judge who hears one of Trump\u2019s criminal cases acts in good faith.”  
<\/p>\n\n\n\n

…<\/p>\n\n\n\n

“One reason to worry about what appellate judges, including the justices of the Supreme Court, might think about Trump is that criminal trials involving famous criminal defendants often present unusual legal questions that don\u2019t typically arise in other cases. And Trump isn\u2019t just famous, he\u2019s the first former president ever to be indicted. And he\u2019s a current candidate for the presidency.<\/p>\n\n\n\n

These unique facts are likely to produce unprecedented legal questions that will need to be resolved by appellate courts. And that gives the justices an unusual amount of ability to sabotage these prosecutions if they chose to do so.”<\/p>\n\n\n\n

https:\/\/www.vox.com\/scotus\/2023\/8\/15\/23831338\/supreme-court-donald-trump-indictments-federal-judiciary-partisan-trust<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

“In 2016, after Justice Antonin Scalia\u2019s death gave Democrats their first chance in a generation to control the Supreme Court \u2014 and with it the federal judiciary \u2014 Senate Republican Leader Mitch McConnell announced that no nominee would receive a confirmation hearing until after that year\u2019s presidential election. He claimed that this newly invented rule against election-year confirmations was necessary to ensure that \u201cthe American people have a voice in this momentous decision.\u201d
\nYet, after McConnell successfully held this seat open until Trump could fill it, Republicans reversed course when Justice Ruth Bader Ginsburg died fewer than two months before the 2020 election that cast Trump out of office. Republicans didn\u2019t just give Trump nominee Amy Coney Barrett a confirmation hearing, they raced to confirm her just eight days before the election.”<\/p>\n

…<\/p>\n

“Any trial of a former head of state would be a difficult endeavor. Anyone elected to the nation\u2019s highest office is likely to have many loyal supporters throughout the country, who will be skeptical of claims that their political leader is actually a criminal. And, in the United States, any former president will have appointed a significant percentage of the federal judiciary.<\/p>\n

And again, Trump\u2019s criminal trials will not be heard under the best of circumstances. Trump may try to rally his supporters to commit acts of violence similar to the January 6 attack on the Capitol. Many of Trump\u2019s judges aren\u2019t just unusually conservative, they show little regard for the rule of law. And, in part because the United States has never tried a former president before, Trump\u2019s criminal trials are likely to produce a raft of novel legal questions that can be readily appealed to higher courts \u2014 including the hyper-politicized Supreme Court.<\/p>\n

On top of all of this, at least one of the former president\u2019s trials will be overseen by Judge Aileen Cannon, a Trump appointee who has previously behaved like she is a member of Trump\u2019s legal defense team. <\/p>\n

It is far from clear, in other words, that the judiciary enjoys enough public trust that it can endure the political strain Trump\u2019s trials will put on its spine \u2014 even assuming that every judge who hears one of Trump\u2019s criminal cases acts in good faith.” <\/p>\n

…<\/p>\n

“One reason to worry about what appellate judges, including the justices of the Supreme Court, might think about Trump is that criminal trials involving famous criminal defendants often present unusual legal questions that don\u2019t typically arise in other cases. And Trump isn\u2019t just famous, he\u2019s the first former president ever to be indicted. And he\u2019s a current candidate for the presidency.<\/p>\n

These unique facts are likely to produce unprecedented legal questions that will need to be resolved by appellate courts. And that gives the justices an unusual amount of ability to sabotage these prosecutions if they chose to do so.”<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[13],"tags":[790,744,280,221,1213,170],"class_list":["post-11476","post","type-post","status-publish","format-standard","hentry","category-article-share","tag-courts","tag-crime","tag-criminal-justice","tag-donald-trump","tag-judiciary","tag-trump"],"_links":{"self":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts\/11476","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=11476"}],"version-history":[{"count":1,"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts\/11476\/revisions"}],"predecessor-version":[{"id":11477,"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts\/11476\/revisions\/11477"}],"wp:attachment":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=11476"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=11476"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=11476"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}