I am reposting this piece on the weakness of the American system of jurisprudence in light of the Kyle Rittenhouse acquittal.
In my opinion, in the case of Donald Trump the president should suspend habeas corpus, have the Orange Golem blackbagged and dumped into a federal oubliette.
It would take years for the courts or Congress to act.
Original post:
On 23 May 1498 Girolamo Savonarola was publicly executed in Florence, Italy.
A popular preacher with a large following, Savonarola ran afoul of Pope Alexander VI. He was excommunicated and condemned as a heretic. He was hanged, his body burned, and his ashes thrown into the Arno River so his followers could not find any part of him to memorialize.¹
Now there's an effective disappearing act.
In my very darkest moments I admit I would not be sorry to see such a fate visited on Donald Trump. But it can't happen for three reasons:
1: It's inhuman;
2: It would violate the Eighth Amendment;² and
3: It's not the point. He needs to be gone, not necessarily dead. The goal is to neutralize him and make him forever ineligible to hold office.
How?
Unprecedented problems need unprecedented solutions. A few suggestions:
The Supreme Court: I believe, as I wrote on 11 October. that the American system of jurisprudence could not effectively try DJTrump. However, it is a foregone conclusion that any trial decision will wind up in front of the Supreme Court, so why not start there? Precedent should be set at the highest level.
The Constitution gives the Supreme Court original jurisdiction in specific kinds of cases, including those "affecting Ambassadors, other public Ministers and Consuls;" that is, people who have taken the oath to uphold the Constitution. That oath, once taken, has no expiration date.
That puts former presidents among those who could be tried for criminal acts directly by the Supreme Court. There is general precedent for such trials, although none involve a former president.
Special Counsel: The attorney general can appoint a special counsel in cases where "it would be in the public interest to appoint an outside Special Counsel to assume responsibility for the matter."³ A nonpartisan, independent special counsel can investigate a specific issue, e.g. election interference or incitement to insurrection. The special counsel has prosecutorial power, but being unattached to government would avoid any appearance of partisanship or conflict of interest.
The Psychiatric Option: Trump is mentally ill. The whole world has seen symptoms of his malignant narcissism. His niece Mary Trump, Ph.D., a clinical psychologist, has written and said in public that her uncle has a number of obvious mental problems.
Like most states, New York, where OranguTrump resides, has a law obligating emergency and medical personnel to report encounters with anyone who might be a danger to themselves or to others. Trump is unquestionably a danger to others--to the population of this entire nation if not of the world.
This law can allow involuntary institutionalization for an unspecified period of time if necessary.
There are any number of qualified people who could make that initial report, including mental health professionals who have already warned of the danger.
The Very Long Shot: The International Criminal Court is waging an ongoing war on tyrants and on those who believe they are immune to the rule of law. The United States is unfortunately not a member of the court for political reasons. It may nonetheless be possible to advance an extraordinary case against Trump if brought by a credible officer of the court or via the United Nations.
Those are my thoughts. If you have others, please leave a comment.
Trump must be nullified and forgotten.
--- Diogenes, 18 October 2021; reposted 22 November 2021
¹ It didn't work. There is a plaque in the pavement where the execution took place and people still leave flowers there.
² I know I've said Trump doesn't deserve the protections of the Constitution, but the "unusual punishments" clause should never be violated.
³ United States, Department of Justice, "General Powers of Special Counsel."
64 Fed. Reg. 37,042 (July 9, 1999).
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