It’s been a long, disheartening week. I feel depleted, and I bet you do too. So permit me to give you my quickie edition of this week in disbelief.
Was this our last “normal” Fourth of July? I’ve never gotten terribly excited about July 4. As holidays go, I’ve never found it particularly emotional or reflective. It’s an excuse to gorge on hot dogs, burgers, and beer or whatever is your alcoholic beverage of choice. But this year was different. I couldn't help but wonder what the next July 4 will be like, if (or when) Donald Trump wins the presidential election, begins his four-year revenge tour, and cashes in on those immunity chips the Supreme Court lavished on him recently.
The court ruled that former presidents are presumptively immune from criminal prosecution for “official acts,” and those “official” acts are defined very broadly. At times, it seems the court tailored them with Trump’s legal troubles in mind so that he can escape accountability.
Some key points from the decision:
Prosecutors cannot use evidence of Trump’s interactions with justice department officials. (Translation: Trump has the right to use the DOJ to go after personal enemies.)
Trump’s incendiary remarks on January 6 may be “official” acts. (Translation: Trump’s role in encouraging the insurrection and the hanging of his vice president will be immune from prosecution.)
Prosecutors cannot use evidence of unlawful conduct if that conduct took place during an official act. (Translation: The prosecution is screwed.)
The opinion is extreme and bizarre; in effect, Trump is treated as the Dear Leader whose conduct, no matter how egregious, cannot be questioned. Yet, Chief Justice John Roberts, who authored the majority opinion, wrote—apparently, with a straight face—that no president “is above the law.”
Isn’t it just a tad ironic that this decision came out just before July 4, a day that symbolizes America’s rejection of monarchical rule?
Revenge is in, and violence is now mainstream. The right wing feels emboldened after that colossal immunity decision by the Supreme Court. So emboldened that Kevin Roberts, the president of the Heritage Foundation made this ominous statement: “We're in the process of taking this country back. . . . [W]e are in the process of the second American Revolution, which will remain bloodless if the left allows it to be.”
The Supreme Court decision you probably missed: Miranda McGowan, a professor at the University of San Diego School of Law, alerted me about the decision in Dept. of State v. Muñoz, which ruled that a U.S. citizen has no fundamental right to live in the U.S. with her noncitizen spouse.
It’s not so much the ruling that McGowan finds alarming but the rationale. What’s reprehensible is that the ruling “gives past racist and sexist legislation the Court's gold medal seal of approval,” McGowan explains, noting that the court cited two old immigration laws. One is the 1875 act, which barred the immigration of Chinese women to deprive Chinese workers of their wives. The other is a 1924 law that exempted foreign wives of American citizen husbands from immigration quotas, but not the foreign husbands of American citizen wives.
“So, one racist law and one sexist law, both of which would be held unconstitutional today, are evidence of there being no right to reside in the US with your spouse,” sums up McGowan.
I can’t say I’m that shocked. If this court is dredging up the Comstock Act, the 1873 anti-obscenity law, to justify overturning the right to abortion, and possibly, the right to contraceptives, why not deploy these two pieces of noxious, antiquated laws? (Elie Mystal at The Nation also writes that the decision threatens gay marriages.)
Not even drinking copious amounts of alcohol helped that night. Only one word describes the debate between Biden and Trump: shitshow. (And Biden’s interview with George Stephanopoulos last night didn’t assure me.) There’s no shortage of analysis of President Biden’s abysmal, pathetic, painful performance but I urge you to read Andrew Sullivan’s commentary. He is absolutely brutal and on point. And he offers some solid solutions to the Biden problem—which, unfortunately, will probably never be taken up.
Hope y’all had a happy 4th!
Contact: chen.vivia@gmail.com
Twitter (X): ViviaChen
My favorite quote of the week, from a NYTimes journalist, “I doubt anyone that reads the NYTimes would vote for Trump.”
Horrific to think, yet absolutely true. Sadly, that leaves out a lot of American voters.
I agree absolutely with your sentiment and analysis. Truly unimaginable, yet it continues to get worse. Only way out of this? Prayer. I’m fresh outta hope otherwise.