Category Archives: The Law

The Quiet Face of Tyranny: How Emil Bove Threatens the Rule of Law

There are monsters among us. They don’t crawl from caves or erupt in public tantrums. No, the most dangerous among them walk calmly through courtrooms and government buildings, armed not with violence but with credentials and legalese. Emil Bove is one such figure—a reminder that authoritarianism often arrives not with a bang, but with a briefcase.

Bove, a former federal prosecutor and now a prominent defender of Donald Trump, argued before the Supreme Court in Trump v. United States that a president could order the assassination of a political rival and be immune from prosecution unless Congress had first impeached and convicted him. Let that sink in. According to Bove, unless Congress acts, a president could unleash the machinery of the state to eliminate his enemies, and the courts would be powerless to intervene.

It is hard to imagine a more grotesque betrayal of the American principle that no one is above the law. Yet Bove didn’t stop there.

In a separate legal context, Bove shockingly instructed that individuals could ignore a federal court order—specifically, a ruling that prohibited the government from rendering hundreds of asylum-seeking men to a prison camp in El Salvador. These were men fleeing violence and persecution, invoking the protections of due process guaranteed under U.S. and international law. But Bove’s message was clear: the courts can be disregarded when inconvenient.

This isn’t legal strategy. This is lawlessness dressed in Armani.

Imagine the consequences if this logic took hold. The courts—our last institutional line of defense against executive overreach—would become ornamental. Their rulings optional. The law itself would be subject to political whim and brute force. And the vulnerable, the voiceless, the targets of state-sanctioned abuse? They would have no recourse. No rights. No hope.

Bove’s contempt for the rule of law reveals the true danger: a legal elite willing to hollow out democracy from the inside, all while claiming to defend it. This is not merely a technical debate among lawyers. This is about whether the United States will remain a constitutional republic, or whether we will slip—quietly, insidiously—into autocracy under the guise of “executive immunity” and “national security.”

In any other era, a lawyer who advised ignoring a court order would be disciplined, sanctioned, maybe disbarred. But in the post-Trump era, such defiance is applauded in certain circles. Bove’s arguments aren’t fringe anymore—they are being mainstreamed in front of the highest court in the land. And the justices, disturbingly, entertained them with far less outrage than the moment demands.

History shows us where this road leads. In Nazi Germany, apartheid South Africa, Jim Crow America—the law was contorted to protect the powerful and persecute the powerless. It always begins with legal justifications for unconscionable acts. Always. Men like Emil Bove provide those justifications. They sanitize the machinery of repression. They make it sound reasonable, even principled.

And they count on us not to notice.

But we must notice. We must resist the temptation to normalize the radical, to accept the obscene as simply another legal argument. We must remember that beneath the surface of constitutional language, Bove is advocating for tyranny: a presidency unbound by law, and a government that ignores the judiciary when it suits its purposes.

There is a reason why we revere the principle of “Equal Justice Under Law.” It is the safeguard of civilization. Without it, we are left with power unchecked, and cruelty unchallenged.

To look at Bove is to see not a villain in the Hollywood sense, but something far more dangerous—a man who knows exactly how the system works and is willing to dismantle it piece by piece. Calmly. Methodically. Legally.

That is why we must be ever-vigilant.

Because when monsters wear suits, when they speak in measured tones and cite precedent as they strip away our liberties, the danger is greater—not lesser. They know how to mask authoritarianism as patriotism, cruelty as strength, and impunity as “executive authority.”

We cannot be passive. We must name the danger. Confront it. Reject it in the courts, in the media, in the halls of Congress, and in the court of public opinion. Emil Bove may be just one man, but he represents a movement of cold, calculated disregard for democratic norms.

It is up to us to remember: when a lawyer tells you the president can murder without consequence, or that you may ignore the courts, they are not defending the Constitution. They are laying dynamite at its foundation.

And if we don’t stop them, history will not be kind to those who looked away.


Due Process? Don’t Make Me Laugh.

There’s a reason we supposedly revere the Constitution in this country—at least, that’s what every flag-waving “patriot” keeps screaming about at school board meetings and on Twitter (sorry, “X”). But I’d like to know: When was the last time any of these self-anointed constitutional scholars actually read the damn thing? Or, for that matter, when was the last time anyone in the Trump administration—especially over at the DOJ—acted like the rule of law applied to them?

Let’s talk about due process—that bedrock idea that the government can’t just do whatever it wants to whomever it wants, whenever it wants. We’ve got the Fifth and Fourteenth Amendments, both pretty clear on the whole “life, liberty, or property” thing not being taken away without, you know, a fair shake. But apparently, “due process” is now just a quaint little phrase, like “all men are created equal” or “no taxation without representation”—nice for speeches, but utterly disposable when it gets in the way of locking up immigrants or crushing dissent.

The Trump Playbook: Due Process, Schmue Process

Remember the family separations at the border? Remember “zero tolerance”? Turns out, due process is just another speed bump for the machinery of cruelty. We watched as people, most of whom don’t speak English and know nothing of our legal system, were herded through sham hearings—sometimes via video conference, sometimes with no lawyer at all. Some never saw a judge. Kids, for crying out loud, defending themselves in court. This is what passes for justice in MAGA-land.

And let’s not forget the DOJ, which, under Trump, became less “Department of Justice” and more “Department of Just Us (If You’re White and Rich).” Look at how they handled peaceful protests—send in the troops, gas the crowds, call anyone with a sign an “antifa terrorist” and pretend the First Amendment is just an optional suggestion. The chilling effect on dissent? That’s not “law and order.” That’s authoritarianism with a Fox News chyron.

Ignorance by Design

It’s not just ignorance; it’s willful, performative ignorance. The Trump crowd knows exactly what they’re doing. They count on people not knowing or caring about “due process” until it’s their own ass in the crosshairs. The cruelty is the point. It’s a feature, not a bug.

And let’s be real: this didn’t start with Trump. But under his administration, the gloves came off and the mask slipped. Suddenly, it was okay to say the quiet part out loud: “We don’t want these people here. We don’t want these people protesting. We don’t want these people voting.” Due process? Only if you’re the right kind of person, with the right kind of bank account, skin tone, or political loyalty.

Why It Matters (And Why We Can’t Give Up)

Look, I’m a 77-year-old white guy who’s been lucky enough to scrape by in this system. But the rule of law isn’t just some abstract principle to hang on a classroom wall. It’s the only thing standing between us and the abyss. When we let due process slide—whether for immigrants, protesters, or anyone else—we’re all in danger.

History has a funny way of repeating itself. I’ve seen what happens when people obey in advance, shrug their shoulders, and say, “Not my problem.” That’s how you lose a democracy—one ignored constitutional right at a time. If you think they won’t come for you, eventually, you’re not paying attention.

We need to demand better—from our courts, from our government, from each other. And we need to remember: due process is not a privilege. It’s a right, for everyone. If we let them take it away from the most vulnerable, it’s only a matter of time before it’s gone for all of us.

So, to the DOJ, to the administration, and to every would-be strongman with a flag pin and a Twitter account: Read the damn Constitution. And maybe, just once, try following it.


Fitting

Did you know Donald John Trump is an impressionist? Here he is, captured by a courtroom artist, doing his impression of Sleepy Joe.


Way To Go, Colorady

Colorado license plate spelling out NO-DKT8TR
Colorado Supreme Court makes the right decision, IMLTHO.

SCOTUS would be crazy not to rule in favor of Smith.

I see the speed with which the Supreme Court has accepted Jack Smith’s request for a hearing on the issue of Presidential Immunity in the January 6 prosecution of Trump as a golden opportunity to cement their “supremacy”, and create a modicum of good will at the same time. It’s kind of a Marbury v. Madison moment for not only the court, but for the entire judicial system.

Maybe they’ll cave, but I think the odds of their taking the opportunity to make a major consequential decision that will inure to the benefit of the judicial system (and the nation) are high.

After I posted the foregoing to Threads, a friend offered his opinion that Clarence Thomas would side with Trump, adding “for starters”. I responded as follows:

Actually, no, I don’t. I suspect he might. There’s lots of evidence to suggest he would do that, but there are long-term, historical reasons why this is a deeply historical opportunity for the court to strengthen the ruling of Marbury v. Madison. If you’re not familiar with the ruling, Britannica explains:

Marbury v. Madison is important because it established the power of judicial review for the U.S. Supreme Court and lower federal courts with respect to the Constitution and eventually for parallel state courts with respect to state constitutions.

I may be wrong – perhaps crazy – but what remaining legal spidey sense I have (it’s been over 47 years since I graduated law school) tells me this is a once-in-a-lifetime opportunity to further cement the court’s power to be the final say in matters of constitutionality.

It doesn’t have to be unanimous, though I believe there are powerful and important reasons for the court to rule en banc.

If they pass up this opportunity to strengthen the position (and power) of the court to rule on the constitutionality of both legislative and executive acts, as well as make a decision that seems – prima facie – in line with our country’s stated objectives for existing, I would be surprised. Not necessarily shocked, as they are dominated by RWNJs. However, I think they could write a decision that could conceivably be as momentous as that of Marbury v. Madison. Furthermore, from a political perspective, I think such a decision would serve to blunt some of the criticism certain members of the court have been receiving, though it should in no way negate the egregious performances of those who have accepted bribes from wealthy patrons. That should NEVER go away!


Fani Flames Gym

Just finished reading Fani Willis’s response to Jim Jordan’s ill-conceived attempt to bully her into backing off of her RICO J6 investigation/prosecution. She flames him at least a half dozen times while refuting every position he asserted in his previous demand letter sent to her on August 24.

While it was an eminently enjoyable read given the disgust I feel, and the disdain I have, for the congressman, Fani’s (or her staff’s) approach is readable and succinct. If you ignore the numerous citations—which I would only research if I was intent on answering her letter, which I’m not—the points made are clear, concise, and to-the-point. That she occasionally takes him to the woodshed is a lagniappe.

Don’t take my word for it, read it yourself. Feel free to download it. I’m also including the original letter sent by Jordan to DA Willis for your reading pleasure (see below).


Dare We Say “Murderer”?

I have long contended that, taking into consideration his knowledge of the pandemic, along with his reckless disregard for the consequences of his inaction, Donald John Trump is guilty of second degree murder. It’s clear he was more interested in his re-election and “legacy” than the safety or security of the American people.

One of the primary duties of the President is to protect the national security of the United States. In addition to serving as the commander-in-chief of the U.S. armed forces, the President has a responsibility to protect the health and safety of the American people. This includes responding to public health crises, such as pandemics or natural disasters, and taking proactive measures to prevent the spread of disease or other health risks. The President may work with federal agencies and state and local governments to coordinate responses to these types of emergencies, and may also provide guidance and support to individuals and communities affected by such events.

These tapes, shared and discussed on “The Beat With Ari Melber” with Bob Woodward and Dr. Kavita Patel, make it clear (if you weren’t already convinced years ago) that Trump cared little for the American people’s health and safety during the worst years of the Covid-19 pandemic. He consistently downplayed the severity of the problem, instead lamenting about how it was affecting his re-election. Had he not been so callous and dismissive of the disease and its impact on the nation, he likely would have been re-elected. Instead, his single-minded, narcissistic focus on himself made it clear to a majority of the people he was singularly unfit for the job.

Anyone who votes for this clown is an imminent threat to the health and security of the United States of America and the world. Please be sure you’re registered to vote and that you get out there November 5, 2024 and ensure he is never allowed near the seat of power again.


A Needed Update

The DOJ’s OLC policy of not pursuing criminal investigations or prosecutions into or against a sitting president needs to change! Their argument that it would ” … unconstitutionally undermine the capacity of the executive branch to perform its constitutionally assigned functions”—in light of the serial criminality of the former President—no longer holds up, IMO. Look how thoroughly it screwed up every aspect of public life and how much it’s cost us in both treasure and prestige. This raises some thorny questions I will try to tackle in the future. I’m just spitballing right now in light of what we’re learning (and many of us knew long ago) about the criminality of the former President, Donald John Trump.

Lady Justice. She shouldn't be blind to criminality by anyone.
She Shouldn’t be Blind to Outright Criminality by Anyone!

String Him Up!

To be clear, If the evidence warrants it (and all but the most partisan know it does) I want to see an indictment—actually several—of Trump. He remains innocent until proven guilty and I want to see the “rule of law” upheld by our court system. If he’s so fucking innocent, let him prove it to a judge and jury. He’s been treated more “fairly” by our justice system than millions of our poorest citizens. Neither he, nor his supporters have ever uttered a single word about the unfairness of that system. Now, all of a sudden it’s rigged and unfair. Screw them and him. Let’s see it play out.


Strange Encounters

I must confess to being a bit of a pack rat, primarily with papers and a few collectibles or mementos. For instance, I have official NASA mission patches for all the Mercury, Gemini, and Apollo missions, as well as numerous patches for significant events and test activities, including for Vandenberg launch facilities that were never built. I also have two commemorative seat cushions from sporting events I attended; Superbowl XIX, between the San Francisco 49ers and the Miami Dolphins, and the 1981 World Series between the Los Angeles Dodgers and the New York Yankees. I don’t remember which game of the WS I attended, but it had to be either 3, 4, or 5 since it was at Chavez Ravine (Dodger Stadium).

Recently, I came across a binder I’ve had for at least forty years that’s filled with business cards neatly preserved in plastic pages specifically made for such things. I had forgotten I had it out in the garage, but I encountered it recently. Most of the cards are from either when I was in the wholesale food business with my family, or when I was in the music business pretending I knew what I was doing. SIDE NOTE: As it turned out, despite a propensity to be a bit of an asshole, I was nowhere near the kind of asshole one needs to be to succeed in the business end of the music biz.

One of these cards is particularly interesting to me. It’s from the lawyer we engaged to keep a friend out of prison for possession for sale of cocaine. This is part of a much longer story which I am writing about in my autobiography/memoirs (have yet to decide the final format). A little over a decade after our engagement with this lawyer, he became far more well-known due to his representation of a famous athlete, who was accused of murder. The card is somewhat unique, as it is a parchment fold-over, with a script inside for people to use if they come under the scrutiny of law enforcement personnel. Do you remember this guy?