Supreme Court has golden opportunity in Trump case | ELAINE HARRIS SPEARMAN

The Supreme Court of the United States is the ”court of last resort” for all of America.

The court has one of the most important issues before it that most of us will see in a lifetime. Whether a president (specifically Donald John Trump) has absolute immunity from prosecution for acts performed while in office.

Decisions emanating from the Supreme Court become the “supreme law of the land.” Those decisions “enjoy legal superiority over any conflicting provisions of a state constitution or law.” Therefore, decisions in this case will have long-term, far-reaching effects.

If there is future behavior more egregious than a president attempting to overthrow the very government that he purported to head, the court could reverse itself, whatever the decision in this matter.

As it stands now, this issue is a new one for the U.S. Supreme Court. Why? No other president has behaved more abominably than Trump. You could compare Richard Nixon and draw your own conclusions as the words, “I am not a crook" ring forever in our heads.

Trump has lived a lifetime considering himself above the law and accountable to no one. He has lived in a world where he was the dictator. The rules applied to others, not him. He did not just come up with the notion that “I am president, and I can do whatever I want to do.” This includes his other ludicrous statements that he could declassify classified documents by just “thinking about it.”

How foolish does that sound? This country is at this point because of one man's selfish desire to rule over America and pave a way to attempt to get rid of evidence of his behavior and to finish the job he started: the destruction of democracy.

The Supreme Court is at the cliff's edge with this case. They can choose to jump off and take all of what America stands for, the basic legal principles upon which America was founded and democracy with them.

The cliff's edge looks down into an abyss where dictatorship grows. A successful argument of total immunity from prosecution for criminal acts committed while holding the highest office in the land makes America no better than Germany under Hitler, Russia under Vladimir Putin, and every other country, such as North Korea, China that the people are fleeing or desire to flee.

The “leaders” in many of the autocratic countries are “leaders” due to starvation of the people, deprivation of truth, and yes, murder.

Everyday people can see Trump for who he is. He has shown the world that he is a mindless schoolyard bully. As parents want their children to be the best that they can be, is Trump whom any decent parent would want their child to emulate? Of course, there is no hope for the members of MAGA (Make America Great Again) who are trying desperately to out-Trump the Trumps.

We can only pray that the U.S. Supreme Court will not permit the victimization of the entire population. All of us deserve more. However this sounds, this decision is not just for children. They need to have an example set surely. This decision is also for adults, those who have paid the price over all of these years, struggling with unfairness, changes in administration, laws, trying to support families, pay for education, paying into Social Security, seeing those with the resources clog the justice system. We deserve better than dictatorship being a consequence of the court's ultimate decision.

There is no king in America. People should be chilled to the bone that Trump is speaking about retribution if re-elected. Should he be re-elected, those whom he believed did not support him will be in harm's way. The states that do not support his autocratic vision will have whole populations at risk.

Trump is an angry, bitter, hateful person. He has no respect for anything or anybody that does not mirror his nasty, narrow point of view.

He has federal criminal charges for attempting to steal the 2020 election. He wants the Nixon case's civil protection to extend to his criminal acts.

The Supreme Court needs to give great deference to common sense, along with the rule of law and the historical framework of America.

Would it make sense for the same people who responded to Trump's call on Jan. 6, 2021, to storm the Capitol building, believing that their leader has absolute immunity, and they therefore will get a trickle-down as they decide to arm themselves to help him exact retribution from whomever he determines needs it?

The Supreme Court should take this golden opportunity to put something in place should Trump fail in his bid to be re-elected. “He has shown you who he is. Believe him the first time.”

Elaine Harris Spearman, Esq., a Gadsden native, is an attorney and is the retired legal advisor to the comptroller of the City of St. Louis. The views expressed are her own. 

This article originally appeared on The Gadsden Times: Supreme Court must rule wisely in Trump case | ELAINE HARRIS SPEARMAN