Take a deep breath, Part II.
December 23, 2023
I offer a few thoughts before the holiday weekend to get us started in the right frame of mind.
The Supreme Court denies special counsel Jack Smith’s request for immediate review.
On Friday, the US Supreme Court denied special counsel Jack Smith’s petition to expedite the review of Trump's presidential immunity defense. Within minutes of the decision, I received emails from readers who expressed “disappointment,” “despair,” “worry,” and “devastation”—because they assumed the decision signifies the Court’s intention to “slow walk” appeals relating to Trump—thereby giving him political “cover” going into the 2024 election.
Whether the Supreme Court’s reactionary majority will “slow walk” Trump's appeals to give him political cover is a serious question. Whether today’s decision signals the Court’s intention to actually do so remains an open question.
Would it have been preferable for the Court to grant expedited review? Yes. But it is too early to give up hope that Trump will be tried in the D.C. election interference case before November 2024.
Why?
Without getting into the minutia of appellate procedure, there are still multiple pathways to a trial in the summer of 2024. The question is whether the Supreme Court will help or hinder that process.
There is at least one interpretation of the Court’s denial that suggests it is open to expeditiously resolving Trump's appeals. Here is that interpretation:
When Trump appealed to the D.C. Circuit, the clerk issued a standard order for preparation of the record on appeal that did not indicate any intention to expedite the appeal.
Smith then filed simultaneous requests on December 11 with the D.C. Circuit and the Supreme Court to hear Trump's appeal on an expedited basis.
The Supreme Court acted on Smith’s request on the same day it was filed—December 11—by ordering further briefing on the question of whether it should immediately hear the case in the Supreme Court. The Supreme Court’s immediate action suggested that at least five Justices were considering granting Smith’s request to hear the case directly in the US Supreme Court.
Two days later—on December 13—D.C. Circuit granted Smith’s request to expedite the appeal. The order also set a very aggressive briefing and hearing schedule. (Oral argument will be held on January 9, 2024.)
It is thus possible that the Supreme Court Justices who were previously concerned about the D.C. Circuit’s apparent lack of urgency were assuaged by the aggressive schedule set by the D.C. Circuit—and thus were content (for now) to allow the matter to proceed in the usual manner.
The above interpretation is bolstered by the fact that none of the Court’s liberal justices dissented from the denial of Jack Smith’s petition to expedite review in the Supreme Court. That fact is at least consistent with an interpretation that the Supreme Court remains open to ensuring prompt resolution of the case so it can be tried this summer.
But . . . the above interpretation could be wrong. We don’t have enough information this weekend to come to a firm conclusion. So, let’s wait to see how quickly the D.C. Circuit issues its ruling—and then see what the Supreme Court does with future requests to expedite review.
But the more important point is this: The most likely outcome is that we will have to defeat Trump at the ballot box. Even if Trump is convicted in the summer of 2024 (and assuming he is not disqualified), he will still present an existential threat to democracy.
Obtaining a conviction of Trump is vitally important to preserving the rule of law. So is defeating Trump. We must do both. We have little control over the order in which those two events occur, so let’s focus on the outcome over which we have the most control: Defeating Trump at the ballot box.
Joe Biden talks about his Corvette in an interview with Conan O’Brien.
For anyone who has fallen for the GOP lies that Joe Biden is senile, I urge you to watch Joe talk about his prized Corvette during an interview with Conan O’Brien. Your doubts will be dispelled, and you will wonder why Joe doesn’t spend more time talking to voters. He is a nice, normal guy. His interview with Conan highlights that fact. See President Joe Biden Has (Safely) Hit 132MPH In His Corvette | Conan O'Brien Needs A Friend (youtube.com).
Jonathan V. Last takes a realistic view of where we stand.
Jonathan V. Last has written a realistic but upbeat assessment of where we stand heading into 2024. See The Bulwark, 2024 Is Democracy's Moonshot - by Jonathan V. Last (thebulwark.com). Read it! You will be glad you did. Here is a snippet to whet your appetite:
[W]e will meet the challenge of 2024 on the best possible terrain. The most defensible ground. With a winning coalition of voters, a responsible version of the Democratic party, and a restrained and successful incumbent president. [¶]
So let’s meet the challenge of 2024 confidently. And together.
Opportunity for reader engagement.
From Sarah O’Neill of PostCardsToVoters:
The Special Election to replace George Santos is on February 13th. Tom Suozzi is the Democrat in the race. With a lot of help, this seat is winnable. We need this seat!
Postcards for Suozzi.
PostcardsToVoters.org just launched postcards for Democrat Tom Suozzi for Congress for NY-03, the Santos seat. Let the postcards begin! Check the PTV Linktr.ee (https://linktr.ee/postcardstovoters) to see how to join PTV. If you joined already, note that Abby the Address Bot is unable to text right now, but you can get addresses three other ways, with Email Abby or Slack Abby or from a PTV Rapid Response volunteer via the PTV Linktr.ee.
Phonebanks for Suozzi.
There are phone banks for Tom Suozzi most days between now and 2/13, Special Election Day! Register here and here.
Zoom with Suozzi.
Contribute here to join the 1/5, 8:30am ET virtual event with Tom Suozzi and Leader Hakeem Jeffries hosted by The NY Buddy Group!!
Concluding Thoughts.
Stay strong, everyone! Keep your spirits up, remain confident, and serve as an example to others who may be faltering! Everyone is looking for hope and strong leaders who can help light the way through these difficult times. If you can, be that person! But this weekend, everyone should rest—if possible. And to those of you who keep the lights on, the streets safe, the hospitals operating, the stores and restaurants open, thank you!
Have a blessed, peaceful, and relaxing holiday weekend!
And here is a picture of the sunset, looking west in the San Fernando Valley (in Los Angeles) after three days of rain!
Thank you, Robert, for this summary and clarification of the Supreme Court’s decision today. Joyce Vance had an interesting, although somewhat different, take on this. Although I realize many people here read both your newsletter and hers, I’ll post the link anyway.
https://open.substack.com/pub/joycevance/p/trump-wants-more-delay?r=2vk1c6&utm_medium=ios&utm_campaign=post
I want to share this short quote from Native American writer, Robin Wall Kimmerer. It came to me in an interesting way. I went to pick up a pumpkin pie that I had ordered from a local bakery, which prides itself on using all local ingredients. The grains are all locally grown and milled on the premises. The pumpkins come from a farm down the road. Every order that was left out to be picked up today had a thank you note on it with this quote.
“Even a wounded world is feeding us. Even a wounded world holds us, giving us moments of wonder and joy. I choose joy over despair. Not because I have my head in the sand, but because joy is what the earth gives me daily, and I must return the gift.”
Whatever you celebrate this time of year, have a beautiful week ahead. We’ve made it through the darkest days of the year, and now we can celebrate the return of more light.
If you didn't catch it this evening, I suggest you find the podcast/broadcast of the Why Is This Happening episode in which Chris Hayes interviews Rachel Maddow about the issues that were facing the country regarding domestic fascism that she writes about in "Prequel" and did her "Ultra" podcast about. Very interesting and worthwhile, and her suggestions about how she deals with burnout and with the stress of living in "interesting times" were really useful.