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Date: 2025-08-21 Page is: DBtxt003.php txt00027066
US POLITICS
SCOTUS GONE ROGUE ... JULY 2024

BTC Democracy Watch: Marc Elias discusses solutions
to the bombshell Trump SCOTUS ruling.


Original article: https://www.youtube.com/watch?v=H-YGlUQKSYY
Peter Burgess COMMENTARY

Peter Burgess
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
  • [Music]


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