The Supreme Court Is Shaming Itself

Published

2 years ago

March 28, 2024

admin

Donald Trump is determined to avoid accountability before the general election, and, so far, the U.S. Supreme Court is helping him.

Trump has no legal ground whatsoever to delay a ruling in his plea for presidential immunity. The reason Trump has nevertheless sought to slow down the immunity appeals process is obvious: to postpone the trial date, hopefully pushing it into a time when, as president, he would control the Department of Justice and thus could squash the prosecution altogether. The Supreme Court has shamed itself by being a party to this, when the sole issue before the Court is presidential immunity. By contrast, Special Counsel Jack Smith has both law and policy on his side in seeking a prompt determination on immunity and a speedy trial soon thereafter. Yet the Court has ignored all that.

David A. Graham: The cases against Trumpa guide

The Supreme Courts lollygagging is reflected in its scheduling the immunity case for a leisurely April 25 hearing. Its too late to do anything about that now, but the Court has an opportunity to correct course following oral argument. The justices should press Trumps counsel on what possible legitimate reason he has to oppose a speedy resolution of the appeal. And then they should rule with dispatch because there is still time, albeit barely, to vindicate the publics right to a speedy trial.

Lets recap how we arrived at the present moment. After Judge Tanya Chutkan ruled against Trumps claim of presidential immunity on December 1 and Trump appealed that ruling to the D.C. Circuit, Smith asked the Supreme Court to hear the appeal immediately, leapfrogging the delay of the circuit-level argument and decision. Trump opposed that, and the Supreme Court declined Smiths invitation. The circuit court expedited its appeal and on February 6 issued its decision, again rejecting Trumps immunity argument in toto. Trump then sought a stay in the Supreme Court, and advocated various measures to slow the Courts hearing of the case. The Supreme Court then deliberated for a couple of weeks before accepting the case for review, and not scheduling the argument until two months lateron the very last day of oral arguments for this session.

Were he not seeking to avoid any trial in advance of the general election so he could maximize the chances of becoming the next president of the United States, Trump would have an interest in a speedy resolution of the immunity question, in contrast to the foot-dragging positions he has advocated throughout the litigation of this issue. Anyone with a legitimate claim of immunity has every interest in not suffering a single day more under the opprobrium of multiple criminal charges, not to mention being under pretrial bail conditions and a gag order. (Trumps lawyers have argued against his existing gag order, saying it sweeps so broadly as to undermine their clients ability to campaign for the presidency.)

The law itself recognizes the need for speed on this issue. With questions of immunity, courts permit an appeal in advance of a trial and forgo the usual rule that appeals are permitted only after a verdict is reached. The hope, in allowing for this, is to relieve someone from the opprobrium and burden of a trial, if the defendant is indeed immune. For the Court to set such a prolonged scheduleantithetical to the appropriate time frame for the only issue actually before the justicesspeaks volumes about the role the Court has chosen to play in advancing the interests of the former president over the rule of law.

The government has its own interests in seeking a prompt resolution of the immunity issue and a speedy criminal trial (and it has the same interest as a defendant in not subjecting someone to criminal charges who is immune from prosecution). But before delving into the governments interests, lets first dispense with a red herring: Special Counsel Smith is not disputing that Trump should be accorded sufficient time to prepare for trial. An inviolable constitutional safeguard is that all criminal defendants must be able to exercise their procedural rights to prepare. Judge Chutkan already weighed the parties competing claims. Her decision on a trial date fell well within the mark for similar cases, and that ruling is not on appeal (despite the Supreme Courts behaving as if it were).

The district judges selected timeline (seven months from the August 1 indictment), in a case whose facts and substantial evidence were already available to the defendant, was longer than deadlines set all around the country. By way of comparison, next door in the more conservative Virginia district, defendants routinely go to trial at great speed, without conservative commentators going to the barricades over alleged violations of the rights of the accused. That Trump is a rich, white, and politically powerful man does not mean he should be accorded more (or fewer) rights than others. And Chutkan has said that when the case returns to her, she will give Trump more time to prepare.

David A. Graham: Judge Chutkans impossible choice

With Trumps rights intact, then, Smith has several legitimate grounds for the immunity appeal to be decided expeditiously and a trial to start as promptly as possible. DOJ internal policy prohibits taking action in a case for the purpose of choosing sides in or affecting the outcome of an election. That is unquestionable and not in dispute here. Rather, the point is that well-established neutral criminal-justice principles support a speedy trial. This trials outcome, of course, is not known in advance, and it may lead some voters to think better or worse of the defendant and the current presidential administration depending on the evidence and the outcome.

Moreover, the public has a profound interest in a fair and speedy trial. As Justice Samuel Alito wrote for a unanimous Supreme Court, the Speedy Trial Act was designed not just to benefit defendants but also to serve the public interest. The refrain that justice too long delayed is justice denied has unmistakable resonance in this criminal context. The special counsels briefs in the D.C. case are replete with references to this well-settled case law. This means that even when the accused is seeking to delay his day in court, that does not alter the prosecutors obligation to see to it that the case is brought on for trial, as the Supreme Court has well articulated. Many defendants seek to avoid the day of reckoninghence Edward Bennett Williamss famous quip that for the defense, an adjournment is equivalent to an acquittal. The law provides that the public, the prosecution, and most emphatically the courts need not oblige that stratagem.

Whats more, when a defendant seeks to postpone a trial until a point at which he can no longer be prosecuted, the Justice Department may request the trial be held before that deadline. The DOJs interest in deterrence and accountability warrants this action. If Trump should win the election, he will become immune as president from criminal trial for at least four years (and perhaps forever by seeking dismissal of the federal case with prejudice or testing the efficacy of granting himself a pardon). The Justice Department can accordingly uphold the public interest in deterrence and accountability by seeking the prompt conviction of the leader of an insurrection. This DOJ need not advance the goals of a future administration led by that very oathbreaking insurrectionist.

Another objective of criminal punishment is specific deterrence, ensuring the defendant herself does not commit offenses in the future. Given the grand jurys determination that Trump committed felonies to try to interfere with the 2020 election, there are strong law-enforcement reasons to obtain a conviction to specifically deter Trump. Indeed, in proposing a trial date to Judge Chutkan, Smith quoted Justice Alito, on behalf of the whole Court, that speedy trials serve the public interest by preventing extended pretrial delay from impairing the deterrent effect of punishment.

Trumps public denigration of the legal systemthe incssant claims that the criminal case is a witch huntalso gives a nation committed to the rule of law a vital interest in holding a public trial where a jury can assess Trumps actions. Trials can thus serve to restore faith in the justice system.

It is worth noting that when the government seeks its day in court, it simultaneously affords the defendant his day in courtproviding him more process, not less. Indeed, the Department of Justices so-called 60-day rulewhich generally forbids it from taking overt actions in non-public cases with respect to political candidates and closely related people right before an electionis there to avoid a federal prosecutor hurling untested new allegations against a political candidate precisely because he would not have time to clear his reputation before the election. Here, the government is seeking to provide just that forum for Trump to clear his name before the electionto test the criminal allegations against the highest legal standard we have for adjudicating factsand yet right-wing critics attack Smith. Trump of course wants to avoid that test, but that is an interest the courts should abjure.

The justices still have time to get back on track. Trumps claim that presidents have absolute immunity should be an easy issue to resolve given these criminal charges. Whether a president should have criminal immunity in some specific circumstances is an abstract question for another day, because efforts to stay in office and use the levers of the presidency are certainly not those specific circumstances. The appeals have delayed matters long enough at the expense of the right of the American people to a fair and speedy trial. Let them not stand in the way of ever having a trial at all.

US

Epstein files appear to show Andrew asking Ghislaine Maxwell for ‘inappropriate friends’

Published

3 hours ago

December 24, 2025

admin

Epstein files appear to show Andrew asking Ghislaine Maxwell for 'inappropriate friends'

A trove of newly released Epstein files include emails that appear to involve Andrew Mountbatten-Windsor, while another suggests Donald Trump travelled on the billionaire’s private jet “many more times than previously has been reported”.

The US Department of Justice released at least 11,000 more files on Tuesday.

It went on to claim that some of them “contain untrue and sensationalist claims” about President Trump.

Here are some of the latest news lines from this release of Epstein files. Being named in these papers does not suggest wrongdoing.

Who is ‘The Invisible Man’?

Among the documents released is an email sent to Ghislaine Maxwell that speaks about “the girls” being “completely shattered” at a Royal Family summer camp at Balmoral.

It is dated 16 August 2001 and sent by a person referred to as “The Invisible Man”, who signed off the message as “A” – and is believed to be Andrew.

Sky News has come to that conclusion from reviewing the email address used, which is assigned to the Duke of York in Epstein’s contacts book and the chain of correspondence.

In the correspondence, “The Invisible Man” asks Maxwell: “How’s LA? Have you found me some new inappropriate friends?”

Andrew Mountbatten-Windsor has previously denied any allegations against him.

The Peru trip

Another email appears to show Maxwell arranging “two-legged sight seeing” for “The Invisible Man” during a trip to Peru.

She appears to forward to “The Invisible Man” part of a conversation between herself and another person.

The email says: “I just gave Andrew your telephone no. He is interested in seeing the Nazca lines. He can ride but it is not his favorite sport ie pass on the horses.”

“Some sight seeing some 2 legged sight seeing (read intelligent pretty fun and from good families) and he will be very happy. I know I can rely on you to show him a wonderful time and will only introduce him to friends that you can trust,” Maxwell said.

The context of the email is unclear and there is no suggestion of any wrongdoing.

Trump on Epstein’s jet?

The latest bunch of files also includes an email from an unidentified prosecutor dated 7 January, 2020, in which President Trump is mentioned.

The email accuses him of travelling on Epstein’s private jet “many more times than previously has been reported”.

It adds that President Trump “is listed as a passenger on at least eight flights between 1993 and 1996, including at least four flights on which Maxwell was also present”.

The email’s sender and receiver have been redacted. However, at the bottom of the email it says assistant US attorney, Southern District of New York. The name has also been redacted.

President Trump has denied any wrongdoing in relation to his relationship with Epstein, and being on any of Epstein’s flights does not indicate any wrongdoing.

Limousine driver report about Trump

One of the documents in the release shows a report made to the FBI that was recorded on 27 October 2020.

It includes an unverified claim by a limousine driver that he overheard the US president discussing “abusing some girl” in 1995.

The driver also mentions Trump said “Jeffrey” while on the phone during a journey to Dallas Fort Worth Airport in Texas.

A significant part of the statement, along with the driver’s identity, has been redacted.

The US justice department has said that some of the documents in the latest Epstein files release “contain untrue and sensationalist claims made against President Trump that were submitted to the FBI right before the 2020 election”.

“To be clear: the claims are unfounded and false, and if they had a shred of credibility, they certainly would have been weaponized against President Trump already,” it said.

Postcard mentions ‘our president’

Also among the documents is a postcard that claims to have been sent by Jeffrey Epstein, but has been refuted by the justice department.

In it, the sender tells the recipient: “Our president also shares our love of young, nubile girls.”

It’s not clear who “our president” refers to and the context of the postcard is also unclear.

The US justice department initially said it was “looking into the validity” of the postcard but later said on X that the “FBI has confirmed” the postcard is “FAKE”.

It cited reasons including a claim that the writing does not appear to match Epstein’s and another that the letter was postmarked three days after his death.

Row over unreleased documents

It is believed that many files relating to Epstein are yet to be made public.

There has been anger at the justice department’s slow release of the files, with politicians threatening to launch legal action against Attorney General Pam Bondi.

The deadline for the release of all the documents has passed.

“The DOJ needs to quit ⁠protecting the rich, powerful, and politically connected,” Republican congressman Thomas Massie said.

US

Epstein survivor speaks of moment she met Andrew on private island

Published

3 hours ago

December 24, 2025

admin

Epstein survivor speaks of moment she met Andrew on private island

A survivor of Jeffrey Epstein has spoken of the moment she met Andrew Mountbatten-Windsor on the disgraced financier’s private island.

Lisa Phillips says that revealing the true extent of Epstein’s abuses is important for the protection of future generations.

Andrew Mountbatten-Windsor has previously denied any allegations against him.

Speaking to US correspondent James Matthews on the day a new tranche of documents was released, she said she believes the “really important stuff” wasn’t released.

She recalled meeting Epstein in 2000 when she was working as a fashion model.

Ms Phillips said she was working on an island near Saint Thomas in the Caribbean and went over to Epstein’s island for a day, and met Epstein himself at dinner that evening.

“It took a few hours of him speaking to me one-on-one at the table, basically asking me a lot of questions about my life and my relationship with my family and my ambitions.”

She said Epstein was “very big” on her goals and became excited when he heard she had lived in Oxford, England, as a child.

“He asked me if I wanted to meet a prince, and I said yes.”

Epstein files latest: New batch of documents released

Ms Phillips explained that a man walked up and was introduced to her, and that he spoke to some people there and then said goodbye.

“It was very brief,” she said, adding that only years later did she realise that this was the former prince, Andrew.

She was asked about an email in the recently released files that appears to show Andrew Mountbatten-Windsor asking Ghislaine Maxwell about “inappropriate friends”.

“That is a very revealing email, isn’t it?” Ms Phillips said. “It’s very creepy, disturbing, and I mean, that’s why she’s in jail, right?”

The context of the email is unclear, and there is no suggestion of any wrongdoing.

Andrew Mountbatten-Windsor has previously denied any allegations against him and Sky News has contacted Andrew’s representatives for comment on the latest release.

Asked about the impact being in Epstein’s orbit has had on her life, Ms Phillips said: “It hasn’t felt good to know that so much of my past that I worked hard for was really just smoke and mirrors and part of a bigger web.”

On the delays in releasing the files, she claimed “the really important stuff wasn’t released”.

She also spoke about her and other survivors’ ongoing fight for justice.

“We’re still doing our research, and we will still be bringing whatever we find to the proper authorities. And we’re not going to give up.”

UK

Epstein files appear to show Andrew asking Ghislaine Maxwell for ‘inappropriate friends’

Published

3 hours ago

December 24, 2025

admin

The US Department of Justice released at least 11,000 more files on Tuesday.

It went on to claim that some of them “contain untrue and sensationalist claims” about President Trump.

Here are some of the latest news lines from this release of Epstein files. Being named in these papers does not suggest wrongdoing.

Who is ‘The Invisible Man’?

Among the documents released is an email sent to Ghislaine Maxwell that speaks about “the girls” being “completely shattered” at a Royal Family summer camp at Balmoral.

It is dated 16 August 2001 and sent by a person referred to as “The Invisible Man”, who signed off the message as “A” – and is believed to be Andrew.

Sky News has come to that conclusion from reviewing the email address used, which is assigned to the Duke of York in Epstein’s contacts book and the chain of correspondence.

In the correspondence, “The Invisible Man” asks Maxwell: “How’s LA? Have you found me some new inappropriate friends?”

Andrew Mountbatten-Windsor has previously denied any allegations against him.

The Peru trip

Another email appears to show Maxwell arranging “two-legged sight seeing” for “The Invisible Man” during a trip to Peru.

She appears to forward to “The Invisible Man” part of a conversation between herself and another person.

The email says: “I just gave Andrew your telephone no. He is interested in seeing the Nazca lines. He can ride but it is not his favorite sport ie pass on the horses.”

The context of the email is unclear and there is no suggestion of any wrongdoing.

Trump on Epstein’s jet?

The latest bunch of files also includes an email from an unidentified prosecutor dated 7 January, 2020, in which President Trump is mentioned.

The email accuses him of travelling on Epstein’s private jet “many more times than previously has been reported”.

It adds that President Trump “is listed as a passenger on at least eight flights between 1993 and 1996, including at least four flights on which Maxwell was also present”.

The email’s sender and receiver have been redacted. However, at the bottom of the email it says assistant US attorney, Southern District of New York. The name has also been redacted.

President Trump has denied any wrongdoing in relation to his relationship with Epstein, and being on any of Epstein’s flights does not indicate any wrongdoing.

Limousine driver report about Trump

One of the documents in the release shows a report made to the FBI that was recorded on 27 October 2020.

It includes an unverified claim by a limousine driver that he overheard the US president discussing “abusing some girl” in 1995.

The driver also mentions Trump said “Jeffrey” while on the phone during a journey to Dallas Fort Worth Airport in Texas.

A significant part of the statement, along with the driver’s identity, has been redacted.

“To be clear: the claims are unfounded and false, and if they had a shred of credibility, they certainly would have been weaponized against President Trump already,” it said.

Postcard mentions ‘our president’

Also among the documents is a postcard that claims to have been sent by Jeffrey Epstein, but has been refuted by the justice department.

In it, the sender tells the recipient: “Our president also shares our love of young, nubile girls.”

It’s not clear who “our president” refers to and the context of the postcard is also unclear.

The US justice department initially said it was “looking into the validity” of the postcard but later said on X that the “FBI has confirmed” the postcard is “FAKE”.

It cited reasons including a claim that the writing does not appear to match Epstein’s and another that the letter was postmarked three days after his death.

Row over unreleased documents

It is believed that many files relating to Epstein are yet to be made public.

There has been anger at the justice department’s slow release of the files, with politicians threatening to launch legal action against Attorney General Pam Bondi.

The deadline for the release of all the documents has passed.

“The DOJ needs to quit ⁠protecting the rich, powerful, and politically connected,” Republican congressman Thomas Massie said.