MUST-SEE: Attorney issues SOLUTION to bombshell Trump ruling
Brian Tyler Cohen
2.82M subscribers
Jul 1, 2024
Democracy Watch with BTC & Marc Elias
Democracy Watch episode 147: Marc Elias discusses solutions to the bombshell Trump ruling.
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Democracy Watch with BTC & Marc Elias
Transcript
- 0:00
- this is democracy watch all right Mark
- we are sitting here I think you and I
- are probably in the same position that
- everybody else is reeling from this
- Supreme Court decision basically
- effectively granting Donald Trump
- immunity if not also the delay that he
- was seeking in this trial I right off
- the top here what's the fix could
- Congress pass a law stating that a
- president doesn't have immunity and if
- so would that law supersede this Supreme
- Court ruling or or could the justices
- have the opportunity to discard it I I
- don't think that there's an easy fix to
- this I mean look the Supreme Court here
- knew exactly what it was doing you know
- people are who are commenting and saying
- oh the Supreme Court is naive about the
- realities of Donald Trump no no no the
- Supreme Court's not naive about the
- realities of Donald Trump the Supreme
- Court knew exactly what they were doing
- both with respect to impacting the past
- cases the cases that are pending but
- also what it means if Donald Trump wins
- again right Donald Trump is saying he
- will be a dictator for a day Donald
- 1:00
- Trump is saying that he will exact uh
- retribution Donald Trump is working with
- project 202 2025 and others to allow him
- to take over the entire executive branch
- to meet out uh you know retribution
- through frivolous criminal prosecutions
- and investigations so do I think that
- this could be fixed by by Congress
- passing a law no why because the Supreme
- Court is in on it you know the Supreme
- Court the Supreme Court did this because
- this was the result they wanted and and
- it's about time that we look in the
- mirror and rather than seeing a bunch of
- Harvard and Yale educated people who
- drink wine at cocktail parties and eat
- crud and send their kids to the same
- prep schools that that that liberals do
- and think that they have the same value
- system to realize they don't have the
- same value system this is what they
- intended to do and I and I am at a loss
- for words as to how this gets fixed
- because I don't think if Congress passed
- a law saying look the madeup
- 2:00
- that the Supreme Court created you know
- it goes away I think the Supreme Court
- would say no you can't do that we we
- think that this is a matter of
- constitutional law and that trumps your
- statute and and is that is that how it
- works like would the Supreme Court have
- the ability to interpret a law that
- Congress passed that would expressly
- forbid a president from having uh
- presidential immunity could the Supreme
- Court then then overturn a law that
- Congress passes sure I mean you know the
- Supreme Court does strike down laws if
- they're unconstitutional and they would
- say that this is a matter of
- constitutional law
- and you know that's just the way that's
- just the way it is and you know you get
- it all your your your incredulousness
- gets at kind of the the real Point here
- which is you are left saying but
- wouldn't the Supreme Court in that
- circumstance like realize the enormity
- of what they would be doing there right
- they would be overturning the will of
- the Congress to limit the ability of a
- of a of a president to among other
- things assassinate their political IAL
- 3:00
- opponents and Escape criminal liability
- but if one thing we learned from dos and
- all of the cases afterwards that is not
- a the for the conservatives that is a
- feature not a flaw right right and I
- think they do these things knowing that
- like for all those people and this is
- going to be lead into my next question
- about what Biden can do but for all
- these people who say well now Biden has
- cart blanch to do X Y and Z they
- understand the asymmetry between the two
- parties they understand that even though
- a president could do something right now
- by virtue of this decision that a
- Democratic president just wouldn't a
- Democratic president just wouldn't do
- the same things that someone like Donald
- Trump would do would Avail himself of
- and so I I think that's that's their
- safety valve in all of this all this
- yeah I mean I wrote a piece for
- democracy doet a few weeks back about
- election denialism called the asymmetry
- of election denialism right which is
- exactly this is that you know Democrats
- are not going to engage in Mass voter
- suppression we are not not going to
- 4:01
- adopt an election Deni movement and that
- gives the other side a lot of
- flexibility well boy is that showing
- itself out here right because like you
- said Joe Biden is not going to
- assassinate his political opponents Joe
- Biden is not going to commit crimes in
- office and no Democratic president as
- you point out would do that and I'm not
- even sure every Republican president
- would do it but sitting on their
- doorstep sitting on their doorstep is
- both are both criminal cases where a
- Republican president did it and that
- same person the Republican nominee you
- know running neck and neck in the polls
- to potentially do it again next year
- right uh to that point then what could
- Biden do as the result of this ruling
- and what should Biden do as the result
- of this
- ruling look I think that that if all of
- the the delay and hand ringing that we
- have seen and I'm not saying just from
- President Biden but I think he's been
- because he's an institutionalist I think
- he has been slow on this and the White
- House has but all of the hand ringing
- about judicial reform just has to end
- right I mean if if there was if you
- 5:00
- didn't have the wakeup call that the
- Supreme Court needs to be reformed in
- its ethics in uh in you know the way in
- which they choose cases and the way in
- which the opinions are handed down the
- way in which they have aggregated their
- own power I mean it's not just this case
- you know remember you know a few days
- ago we were talking about another case
- where they gave a pass to January 6
- insurrectionist and a few months ago we
- were talking about a a case in which
- they told Colorado they couldn't kick
- Trump off the ballot under the 14th
- Amendment an insurrectionist you know
- this is a pattern this is not a oneoff
- case and so you know we need to have a
- serious conversation as a country
- Congress needs to have a serious
- conversation the White House needs to
- have a serious conversation and we need
- to have a campaign that talks about not
- just democracy being on the ballot but
- also Court reform being on the ballot
- well you've been beating this drum to
- your credit and to the credit of
- democracy docket um and I think that's
- exactly the kind of the kind of outlets
- the kind of people that need to be
- lifted up so uh for those watching right
- now if you are not yet subscribe to
- 6:00
- democracy doet it's the free news Outlet
- markf found did focus on everything
- voting in elections please make sure to
- sign up because this is the exact kind
- of thing that we should be lifting up in
- in light of what we just saw in the
- court you had just mentioned uh the the
- for section three of the 14th Amendment
- case can you help me reconcile here how
- the Supreme Court could create this idea
- of presidential immunity for committing
- criminal activity totally out of whole
- cloth this is something that is not in
- the Constitution and in fact the uh
- immunity for for civil prosecution is
- which would by negative inference
- suggest that actually the Supreme that
- actually the Constitution prohibits
- immunity for criminal prosecution and
- yet disregarded the plain text of the
- Constitution as it relates to section 3
- of the 14th Amendment which very clearly
- states that an official is disqualified
- from running for office again if they
- engage in Insurrection can you help me
- explain the the the dichotomy between
- these two things yeah originalism and
- textualism has been replaced as that uh
- 7:00
- by
- viismusic
- off the ballot and they're vibing that
- Donald Trump should have immunity but
- the fact is they are both similar cases
- in that in one instance textualism and
- originalism would have kicked Donald
- Trump off the ballot and in another case
- it would not have given immunity to
- presidents as you point out there is in
- the US Constitution a a clear provision
- of immunity to members of the
- legislative branch it's called speech
- and debate immunity there is not
- immunity anywhere to be found in the
- constitution for the president of United
- States and they created an immunity that
- is not just what Donald Trump wanted but
- Donald Trump wanted and then some they
- gave him more in some senses that they
- wanted and they have put in serious
- Jeopardy not just the the case in
- Washington DC on January 6 the Georgia
- case about January 6th uh you know Lord
- knows in Florida he doesn't even need a
- there he's just got to the point of
- 8:00
- Florida Clarence Thomas appropo of
- nothing slipped in this little Clause
- that I'm going to read to you right now
- he said uh in this case the Attorney
- General purported to appoint a private
- citizen as special counsel to prosecute
- a former president on behalf of the
- United States but I am not sure that any
- office for the special counsil has been
- established by law as the Constitution
- requires so that's just a little nugget
- for judge Cannon who is right now
- litigating and adjudicating this issue
- of whether or not a special counsel can
- even bring be can even uh uh prosecute
- this case as she's deciding whether or
- not to dismiss it and Clarence Thomas
- offered a little nugget to say hey hey
- judge Cannon if this thing if you
- dismiss this and it makes its way up to
- the Supreme Court you got at least one
- vote in your corner oh at least I mean
- come on he's got more than one got more
- than one vote in his corner I think we
- we all know um but absolutely and so you
- know this will have a cascading effect
- of with regarding a number of the Donald
- Trump cases and when when you take it in
- 9:00
- conjunction with the fiser case the
- January 6 Insurrection case you know
- people say well this is only immunity
- for Donald Trump not the people who he
- ordered to do it of course he has the
- pardon power and he has been clear that
- he will use the pardon power to achieve
- a political end and he can't be
- prosecuted for that we now know right
- and so what is being created is through
- all of these decisions is a culture a
- culture that magga that the Maga
- movement is going to see and is going to
- experience that they can be Lawless they
- can be brazen and they will get away
- with it and you know four months from
- the next election and four and a half
- months from the next set of litigation
- that Donald Trump will bring to try to
- overturn the election and five or six
- months away from the next January 6 we
- should all be worried about that I can
- feel the blood temper the the blood
- pressure is rising uh among all of our
- viewers on the other side of these
- screens so I have to ask this question
- right now given the the sheer amount of
- Despair that I'm sure people are feeling
- right now that I'm sure you and I are
- feeling right now what what's your
- message to people today what's what's
- 10:01
- the message you want to send them off
- with what what what could we do moving
- forward look don't despair I mean this
- is the time to to to to fight back I
- mean you know despair doesn't get you
- anywhere despair doesn't help save
- democracy right we all need to be more
- determined than ever to protect
- democracy and that starts with making
- sure you are registered to vote your
- friends and family are registered to
- vote that you know you haven't been
- kicked off the ballot by the right-wing
- uh uh vote suppressors uh and then make
- sure you vote and you vote for Democrats
- up and down the ballot from top to
- Absolute bottom make sure you know the
- issues if there is a ballot initiative
- in your state make sure you know about
- them if you're in a state with a
- pro-choice ballot initiative make sure
- you vote for that and everyone needs to
- speak out you know this is not the time
- to bury your head in the sand this is
- the time to speak out loudly in your
- town square take to Facebook Twitter uh
- uh Instagram uh YouTube uh go to your
- friends your family stand on the street
- corner if you have to and tell them that
- we need to fight for our democracy
- 11:01
- perfectly put we'll leave it there uh
- for those watching right now, again to support the invaluable work that Mark and his team are doing
- and again this is in ground zero for where a lot of these fights are fought which is in the courts
- If you want to support Mark and his team please make sure to sign up for democracy. it up with a link right here
- on the screen and also in the post description of this video
- I'm Brian Tyler Cohen
- I'm Mark Elias
- this is Democracy Watch
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