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Leaked Supreme Court Memos Reveals Chief Justice Interferring in Election Cases & Jan 6


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In a significant leak of Supreme Court documents, it has been revealed that Chief Justice John Roberts played a crucial role in guiding the court's decisions on major cases involving former President Donald Trump. Roberts, known for his conservative stance, actively maneuvered himself into key positions in cases concerning Trump's involvement in the January 6 Capitol attack and attempts to overturn the 2020 presidential election results.

 

One of the most notable revelations is Roberts’ lead role in the March case about whether states could exclude Trump from their ballots due to his actions on January 6. Memos leaked to the New York Times show that Roberts pushed for a unanimous decision from his fellow justices. This insistence on unity highlights his desire to present a strong, cohesive stance from the court. He even took charge of the case from Justice Samuel Alito after Alito became embroiled in controversy over his wife's decision to fly an upside-down American flag at their home—a symbol often associated with distress and, in this context, interpreted as sympathy for the "Stop the Steal" movement.

 

Roberts' concerns extended beyond the specific charges against Trump. In a February memo, he expressed his belief that the lower court ruling, which held that Trump could be prosecuted without immunity for his actions post-presidency, needed further examination. "As I read it, it says simply a former president can be prosecuted because he’s being prosecuted," Roberts commented, showing skepticism toward the appellate court's judgment. He also made it clear that he expected his colleagues to see the issue of separation of powers differently, writing, "I think it likely that we will view the separation of powers analysis differently."

 

While some conservative justices wanted to delay any ruling until after the 2024 presidential election, Roberts pushed for an early decision. He took it upon himself to write the court's opinion, emphasizing that the ruling could have far-reaching consequences for the balance of powers and the future of the country. "Our perspective must be more farsighted," he wrote, dismissing concerns that the court should focus on “transient results.”

 

Despite his efforts, Roberts failed to achieve the unanimity he desired. Liberal justice Sonia Sotomayor penned a sharp dissent, accusing the majority opinion of giving Trump "all the immunity he asked for and more." She warned that the decision could shield "treasonous acts" and effectively elevate the president to a status "above the law," expressing her deep concern for the implications this could have for American democracy.

 

On the conservative side, however, Roberts received praise. Justice Brett Kavanaugh lauded his "extraordinary opinion" and "exceptional work," reflecting the support Roberts garnered from his right-leaning colleagues.

 

Roberts' influence did not stop with the Trump ballot case. In April, when the court was asked to consider whether the Department of Justice had overreached in its prosecution of January 6 rioters, Roberts once again took center stage. Initially, the case was assigned to Justice Alito, but after Alito faced further scrutiny due to his wife's public actions, Roberts stepped in, taking control of the case and writing the opinion himself. This decision placed Roberts at the heart of legal proceedings that could impact not only the rioters but Trump’s own legal jeopardy.

 

These memos also shed light on Roberts’ frustration with past court leaks. He was infuriated by the leak of the Roe v. Wade draft opinion in May 2022, which sidelined his more moderate approach. At that time, none of his colleagues supported his attempt to scale back abortion rights without fully overturning the precedent, leaving him isolated. The recent leaks appear to show Roberts' determination to reassert his authority over the court in subsequent cases, particularly those related to Trump’s political future.

 

Credit: Daily Mail 2024-09-17

 

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1 hour ago, impulse said:

I think that's what they refer to as "doing his job".

 

Yeah. I disagree with these decisions and I'm not a big fan of Roberts himself, but I don't see how the Chief Justice directing the work of the Court could be considered "interfering".

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