Editor’s Weekly Column: Was This Finally Trump’s Waterloo Moment?

The stunning and emphatic 57-page ruling by the three judge panel, all women, two appointed by Democrats and one by a Republican, of the D.C. Court of Appeals Tuesday may go down in history as Trump’s Waterloo moment.

Seldom has a ruling been more convincing, detailed and clear cut. As Washington Post columnist Ruth Marcus opined, “It was no surprise that Trump lost, but he lost resoundingly, without judicial hedging, concurrence or dissent.” The three judges “sent a tacit message of solidarity by issuing the decision per curiam – for the court – without a single identified author.”

The decision was in response to Trump’s bogus claim of presidential immunity, that it follows a president out of office and lasts a lifetime. It is clear that the panel, which took longer than expected to develop and issue its ruling, was as thorough and emphatic as it was because it wanted to send a clear message to the U.S. Supreme Court that no further consideration of this matter need occur. In other words, they sought to leave nothing for the Supreme Court to have to consider.

One of the most consequential moments in the nation’s history will come next week when the Supreme Court acts or chooses not to act on the appeals court ruling. If it does, as it surely should, decide there is no reason for the matter to be considered further, then the matter will move to trial swiftly, swiftly enough at least, and Trump will be tried and convicted well in advance of the November presidential election.

If the Supremes decide to hear the case, which there is absolutely no serious grounds for having to do, then Trump will have been handed a major victory as any final determination could easily then be delayed until after the election. Should the Supremes decide to hear the case, then that would be tantamount to the most egregious intervention into the political process by the court since 2000, when the Supreme Court usurped the process to decide George W. Bush would be declared the winner over Al Gore even as the vote difference was within mere hundreds and despite the fact a recount of ballots in Florida had not been completed.

Most legal experts don’t think the Supreme Court will go down that road this time, and that’s because of how thorough a job the appeals court judges did. If it goes as it should, then the nation and the world will owe a true debt of gratitude to the panel, made up of Judge Karen L. Henderson, Florence Y. Pan and J. Michelle Childs. It is sweet justice, indeed, that this panel – made up of Obama and Bush appointees and acting decisively in unison, – is composed of all women.

Naturally, the arguments on both sides of this issue will be furious in the coming days, and we will all be watching with great interest to see just how it goes down. In my view, I think there is barely enough integrity on the Supreme Court still, despite the treachery of those who have been exposed to be pathetic pawns of right wing political interests, now to cause it to pass on this. Soon after, since the appeals court panel also took pains to encourage a timely procession to trial, that Trump will be convicted of trying to overthrow the U.S. government, a crime that all of us with TVs were eyewitnesses to seeing him commit, and will be looking jail time in the face well before voters go to the polls in November.

Will sufficient numbers of Republicans between now and Election Day decide, even out of sheer self interest, that Trump is now a grave liability for them? How long will it take them to realize it? If they’re stuck with this lying grifter as their nominee, they could be facing the most devastating repudiation of their entire party maybe ever.

Make no mistake, on the other side, the side of democracy, justice, fairness and equality, a massive mobilization is afoot that could elect Donald Duck president if needed. But it’s not, because Joe Biden is doing such a fabulous job now.

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