Americans value our freedoms – including our freedom to elect leaders who govern in our name. Multiple grand juries of Americans have indicted the former MAGA President for his criminal conspiracy to defraud, deny, and overthrow the will of the people. Yet MAGA Republicans cheer him on and want to overturn our legal system to allow him to get away with it, while they take away our freedoms and rule for the wealthy few. We must come together to ensure all involved are held accountable, so we can protect our country and our freedoms.
At least four members of the most corrupt Supreme Court in American history have decided to help Trump delay his trial for trying to overthrow the government of the United States.
Just like in 2000, when five Republicans on the Court ignored Al Gore’s probable (later found to be definite) win in Florida to put Bush in the White House, today’s Court is doing as much as they can to help Trump win this November.
As we reckon with this infuriating news, we must keep loudly insisting that the federal trial take place – and do so urgently, before the election. We cannot feed the cynicism and storyline that Trump and his co-conspirators will never be held accountable, as that would lend credence to and cover for their demands for this outcome. As legal expert Norm Eisen said:
“Let’s be clear: there is still time to have a trial, and Department of Justice policy does not prohibit the scheduling of one during an election. The Supreme Court must decide as quickly as humanly possible after oral argument so that Trump can at last be judged by a jury of Americans.”
Also, we must strike from our vocabulary the phrase “SCOTUS decided” or “the Supreme Court ruled.” This provides cover to the corrupt individuals on that court – put there at the behest of billionaires to do their bidding. It is also an implicit condemnation of the three justices who take their roles and oaths seriously.
Make no mistake: these actions are a continuation of MAGA’s criminal conspiracy to take away our freedoms that we’ve been beating back for years. It is vital that we not merely respond to specific legislative atrocities and judicial assaults in isolation, but instead expose the throughline connecting these attacks from SCOTUS to the House of Representatives to state legislatures to the billionaires and corporations financing all of them.
With gratitude to our colleagues at Democracy Defense Project (DDP), here are talking points for how to convey not merely what’s happening but why it matters and what we must demand comes next:
- Despite a total lack of legal precedent and universal rejection by lower courts, the MAGA Justices on the Supreme Court decided to hear Trump’s claims of absolute presidential immunity.
- By agreeing to entertain the fiction that presidents are free to commit crimes, these justices are further delaying voters’ most basic right: to have a ruling on and justice for the criminal conspiracy to silence their voices.
- No court has ever recognized presidential immunity from criminal prosecution. Former presidents have never been allowed to engage in criminal conspiracies unpunished.
- The August 2023 indictment by a grand jury of everyday Americans lays out the clear criminal conspiracy: It alleges that Trump and MAGA Republicans tried to overturn the 2020 presidential election by every means available, including violence because they knew they had lost.
- It shows how they organized false presidential elector slates, pressured state officials to disregard their Constitutional oaths, and attempted to enlist Vice President Mike Pence to alter the election results.
- It demonstrates that they were responsible for the January 6 attack to take away our freedom to vote and seize power to rule for the wealthy few.
- The MAGA Republicans who schemed and covered up for Trump are still in power and must be held accountable. Trump and MAGA Republicans continue to endanger our country and harm our lives and livelihoods by deliberately spreading lies, breaking laws, and encouraging violence.
- The Supreme Court must conduct this hearing and rule quickly so that, at last, a jury of Americans can weigh the facts of the case and determine the consequences of Trump’s criminal conspiracy to overthrow the 2020 election.
The Freedom Over Fascism Toolkit has been updated with this guidance, under the Presidential Immunity Hearing section. We encourage you to share this resource widely.
Anat and the Research Collaborative and ASO Communications teams