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 The United States invented the Rule of Law through the fragmentation of sovereignty among 51 sovereign authorities each with three branches of government. It further protects individual rights from state and federal infringement. This effectively created a legal system that could all state actors to account before law. While still imperfect in many important ways, Donald Trump took a sledgehammer to the Rule of Law particularly since January 6, 2021.

Today in America the rule of law faces severe challenges and may well face a total sunset. If so, the Supreme Court of the United States played a central role as accomplice. Most notably, today granted review (certiorari) on the following question: Whether and if so to what extent does a former President enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office. That question in the abstract may hold academic interest, but the answer lies in many disputes in the future over decades or even centuries. 

Prof. Laurence Tribe, a legendary Constitutional Law scholar, explains the effect of this action:

Today, the United States Supreme Court obliterated the Fourteenth Amendment, section 3, in Trump v. Anderson. The language of this section appears simple enough:

No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

The Court held that: "the Constitution makes Congress, rather than the States, responsible for enforcing Section 3." More specifically, the Court held that only Congress may enforce the disqualification of section 3 and that states could only enforce the provision against state candidates for office and state officeholders. Otherwise the nation would face a risk of a patchwork of state outcomes. This, despite the fact that in 1868, shortly after the provision became law, the Governor of the State of Georgia disqualified a federal candidate for office. (See fn 3).

Further, if "only" Congress holds power to enforce section 3 then why did the drafters of the Amendment just insert an "only" in the section granting Congress power. The Court needs that "only" and it simply does not exist. Rather than apply the plain meaning the Court instead pretends there is an only when there is no such word. Section 5 plainly states: "The Congress shall have power to enforce, by appropriate legislation, the provisions of this article." The Court did violence to the statute to protect Donald Trump.

Former Fourth Circuit Judge J. Michael Luttig, a prominent conservative jurist explains:

Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.

The Court cited this section with approval. It would provide a uniform federal solution. And, it arises from an exercise of Congressional power. Even this Court (which works overtime to protect Trump) would uphold such an action. 

Why did Jack Smith (or Attorney General Merrick Garland before him) fail to use this section against the obvious insurrectionist Donald Trump? Or, alternatively, why not bring such an action tomorrow morning? Colorado would provide a form indictment and a trial map, complete with comprehensive evidence?

So, the Court today shifted the spotlight to DOJ with today's SCOTUS ruling. Agreement or disagreement with the Court's opinion no longer matters. Many excellent arguments support the use of section 3 in precisely the manner of Colorado. All moot.

Why did DOJ fail (and continue to fail) to seek disqualification through a criminal action a criminal action? 

The most disturbing and vivid reality of all of this: law failed to hold Trump to account as an oath breaking insurrectionist despite many available pathways.

State Rep. Matt Soper, a Delta Republican whose district covers Grand Junction, called the situation “appalling.”

The ruling comes just over three months after a Denver Post investigation found Pueblo municipal judges routinely used contempt of court charges to inflate jail sentences for defendants facing low-level charges that carried little to no jail time.

I was delighted to join an amicus brief filed last week by Professor Imre Szalai in the Flores v NFL (and several teams) bemoaning the current state of the NFL arbitration system where Commissioner Roger Goodell has the final say.  You might recall that former coach Brian Flores has sued several NFL teams for racial … Continue reading NFL Arbitration–“A Secret, Rigged, Kangaroo Court” →

The murder trial of Ajamu Hollis — who is accused of killing off-duty corrections officer Daemon Bell — has started in the Supreme Court. The court heard that Mr Hollis, 47, allegedly used a gardening hoe to hit Mr Bell, who had tried to break up an argument. Mr Bell, who was 49 at the […]

Ajamu Hollis has pleaded guilty to manslaughter in relation to the death of Daemon Bell. He was initially charged with murdering Mr Bell, an off-duty corrections officer, and pleaded guilty to manslaughter yesterday morning, after his Supreme Court murder trial had been underway. He will be sentenced at a later date. Related Stories Murder Trial […]

A court in the U.K. has confiscated thousands of pounds from Marcus Weeks and Dalji Waldron after they were convicted of drug charges. The report from Lincolnshire Live said that two brothers “have had thousands of pounds confiscated after selling drugs to university students in Lincoln by taxi.” Marcus Weeks and Dalji Waldron were jailed for […]

A Bermuda-born man has been cleared of planning a terrorist attack in the United Kingdom following a trial held at the Old Bailey, while his cousin, also born in Bermuda, was cleared of failing to disclose a plot to authorities. A BBC story said, “A former chicken shop worker has been cleared of planning a […]

Jahkiel Samuels has been charged in a British court following an incident “where people in a café were reportedly threatened by a man with a gun.” The Nottinghamshire Police website said, “A man has been charged following an incident where people in a café were reportedly threatened by a man with a gun. “Jahkiel Samuels, […]

Jahkiel Samuels has been jailed for three years and four months in England after pleading guilty to charges of possessing an imitation firearm with intent to cause fear of violence and threatening a person with an offensive weapon in a public place. The Nottinghamshire Police website said, “A man threatened two men with an imitation sawn-off […]

Damien Swan has been jailed in the United Kingdom for an assault on a former professional footballer as well as an incident in which he apparently allowed dogs to attack workers, according to multiple British media outlets. The BBC reported, “A man who split ex-footballer Gary McAllister’s lip in a ‘nasty’ attack in a popular nightspot has been […]

A law enforcement officer testified in a Bahamian Court about allegedly discovering “suspected cocaine” on a vessel that the defendants — who have denied the charges — claimed was “heading for Bermuda.” The Bahamas media reported, “A Drug Enforcement Unit officer yesterday testified about discovering three bags with suspected cocaine on a vessel captained by […]

A man has been found guilty in a British court of murdering Sir David Amess. a British MP who served as the Chair of the Britain-Bermuda All-Party Parliamentary Group. The BBC website reported, “An IS fanatic has been found guilty of murdering Sir David Amess MP. The Southend West MP was stabbed more than 20 times during a constituency […]

Former accountant Jeffrey Bevan, “who stole nearly £2m from the Bermuda government” is facing a hearing to determine if he will lose his pension. A BBC story said, “A former Welsh government and BBC accountant who stole nearly £2m from the Bermuda government faces a hearing to decide if he will lose his pension. “Jeffrey […]

Zarie Jackson-Burchall, Shanikae Smith-Gardener and Jahrico Smith Gardener have been sentenced to prison time in England after being convicted of offenses related to ‘kidnap and false imprisonment.’ A statement from the West Yorkshire Police said, “Two men and one woman have been jailed for their part in a kidnap in Bradford. Zarie Jackson-Burchall, 27 of no fixed abode […]

[Updated] A 38-year-old man has been injured in a shooting on Court Street, the police have confirmed. A police spokesperson said, “Police are investigating a confirmed firearms incident which took place in the area of Court Street and Elliott Street outside the Spinning Wheel night club, around 12:15am on Sunday, March 10, 2024. “Initial reports indicate one […]

A 38-year-old man was charged today [April 21] in Magistrates Court with serious sexual assault in connection with an incident which took place in September in the Fairylands, Pembroke area. The man, who cannot be named at this stage for legal reasons, was granted bail with a number of conditions attached. He was ordered to […]

Convicted sex offender Brittonie Taylor is making a legal challenge against being deported, with the Court ruling making an “order for a temporary stay of the Deportation Order.’ The court document noted that the applicant stated that he is a Jamaican national who has lived in Bermuda since 2000 and he has Bermudian children “In 2012 […]

The Court has dismissed an appeal by Jamel Simons, who was convicted of a sexual assault of a 15-year-old girl that took place in 2002. The ruling said, “This is an appeal against Magistrate Mr. Khamisi Tokunbo’s finding of guilt against the Appellant on Information to a charge of sexual assault, contrary to section 323 […]

The Court Street Market will be hosting a Food and Music Festival this Sunday, September 1st. Gary Augustus said, “The market will be held from 1pm to 8 pm with live music starting at 3pm. We have secured Willard Burch, The Unit, Vance Goater & SOS, Hindsight, Live Wire, Samantha Smith, and since its the […]

The Court Street Market hosted a Food and Music Festival event on Sunday [Sept 1]. Gary Augustus previously said, “We have secured Willard Burch, The Unit, Vance Goater & SOS, Hindsight, Live Wire, Samantha Smith, and since its the day before Labour Day, we invited Mr. Chris Furbert to say a few words. “Food vendors […]

Pauline Courtois and her Match in Pink team – including Louise Acker, Maëlenn Lemaître, Sophie Faguet and Laurane Mettraux – clinched the 2024 Aspen Bermuda Women’s Match Racing Regatta title. A spokesperson said, “France’s Pauline Courtois and her Match in Pink by Normandy Elite team of Maelenn Lemaitre, Louise Acker, Théa Khelif and Clara Bayol […]

[Written by Don Burgess] Two teenagers were charged in Magistrates Court in connection with the armed robbery of the St John’s Road Service Station. Samuel Taylor, 16, and OJ Campbell, 17, both of Pembroke, did not have to answer charges as the matter must be held in Supreme Court. They were both charged with using […]

“The OBA maintains that the current polling station is not a neutral venue, given the connection found to exist with the PLP candidate,” the OBA Leader said today. Opposition Leader Jarion Richardson said, “Today the Bermuda Court found that the PLP candidate for the Sandys North bye election has a connection to the polling station. […]

Gavin Dorvil has been held without bond after pleading not guilty to vehicular homicide in the Florida crash that led to the deaths of Lisa Jackson and Geraldine Francis. A South Florida Sun-Sentinel story said, “The teenage driver accused of being behind the wheel of a speeding Tesla that struck an SUV two weeks ago, […]

A man who pleaded guilty to willful damage in connection with car fires was given a suspended sentence, with the Judge noting the accused was the recent victim of a burgled home shortly prior to his commission of the offence and he was unable to retrieve his medication. Justis Iris appeared before the Court for sentence following […]

The Court has dismissed an appeal from Sabur Burrows – who was convicted after being found asleep in his car — stating it “sees no reason to disturb the Magistrate’s finding and the sentence he imposed.” The ruling said, “Mr. Burrows was found at 3.30 a.m. on 26th June 2020 asleep in his car in […]

Two men – including Troishun Walker of Bermuda – recently appeared in a UK court, with Walker “accused of carrying a blade, namely a pocket knife, and using threatening violence.” The Hucknall Dispatch website said, “Troishun Walker, 30, of no fixed address but of Bermudian nationality, is accused of carrying a blade, namely a pocket […]

The Court of Appeal ruled that the “Chief Justice was wrong to conclude that the Respondent’s right to freedom of expression under section 9 of the Constitution was violated by the pursuit of criminal proceedings in this case”, in relation to former police officer Barbi Bishop who was alleged to have posted an ‘All Lives […]

Three men were charged in connection with the murder of 19-year-old Letrae Doeman, who was fatally shot earlier this month. Appearing in Magistrates Court today, Quazori Brangman of Pembroke, Jukai Burgess of St. George’s and Nasaje Anderson of St. George’s were charged with the unlawful killing of Letrae Doeman and using a firearm to commit […]

A fourth man was charged in Magistrates Court today [July 26] in connection with the murder of Letrae Doeman, who was fatally shot earlier this month. 27-year-old Aaron Perinchief was charged with the murder of Letrae Doeman and with using a firearm to commit the offense. He was not required to enter a plea as the […]

A man appeared in the Supreme Court in connection with the murder of Daunte Woods, who was fatally stabbed in October 2020 in Sandys. 29-year-old Jahmari Beach pleaded not guilty to the unlawful killing of 27-year-old Daunte Woods, and he also denied a charge of carrying a knife in a public place. The matter was adjourned until […]

44-year-old Antoine Anderson appeared in Magistrates Court charged with escaping lawful custody from the Prison Farm in St. George’s. It is related to an alleged incident earlier this week, and as it is an indictable offense he was not required to enter a plea. Anderson is due to reappear in the Supreme Court at the […]

Three men appeared in Magistrate’s Court today [Aug 26] charged in connection with the death of Marcus Wilson, who was fatally stabbed earlier this month in Warwick. Jaja DeSilva, Isiah Smith and Omari Williams were charged in connection with the matter. The defendants, who are aged from 18 to their mid 20s, were not required to […]

A 19-year-old man was charged in Magistrates Court today [Sept 14] in connection with the fatal stabbing of 16-year-old Kanye Ford, which occurred in the car park of Horseshoe Bay on Friday September 9.  Eze Hart of Southampton parish was not required to enter a plea as the charge  must be heard in the Supreme Court, and […]

More than $10,000 will be “contributed to government’s coffers by traffic offenders following yesterday’s and today’s plea court sessions,” the police noted. In an online post, the police spokesperson said, “Slightly more than 10,000 dollars to be contributed to government’s coffers by traffic offenders, following yesterday’s and today’s plea court sessions. “Fines were handed down […]

Jaha Mallory was sentenced to three years in prison and two years probation for wounding with intent to do grievous bodily harm. The ruling said, “The facts of this case were outlined in the Summary of Evidence read to the Court. In short, the Accused and the Complainant were personally known to one another before […]

A jury has found Zane DeSilva and his daughter Zarah Harper not guilty, returning a unanimous not guilty verdict this afternoon [Oct 18] in the Supreme Court. The charges related to a party back in 2020, with the crown alleging that the defendants gave a Public Officer at the Ministry of National Security, information which they […]

MP Zane DeSilva was charged today [Oct 26] in Magistrate’s Court with allegedly violating the Proceeds of Crime act. The charge alleged that between April 2018 and August 2018, he “entered into or became concerned in an arrangement, which you knew or suspected facilitated the use or control of criminal property by or on behalf […]

A 38-year-old man appeared in the Supreme Court today [Feb 22], where he pleaded guilty to murder. Anthony Davis admitted to killing 28-year-old Morissa Moniz in November 2021. Puisne Judge Shade Subair-Williams set a sentencing date of March 27th and Davis will remain in custody. The police previously said that Ms Moniz was “found in an unresponsive […]

The trial of Sophia Cannonier and Michael Watson has been delayed. The couple –  who are accused of matters related to Covid-19 quarantine rules which are alleged to have occurred in July 2021 – appeared in Magistrates Court court this morning [March 7] however the matter was delayed, and another court date has been set, with a mention […]

[Updated] Following a Supreme Court trial, Kamal Worrell has been found guilty of the murder of Chavelle Dillon Burgess. In a special breaking news broadcast this evening [Jan 10], the Bermuda Broadcasting company reported the verdict, and you can watch below. Speaking after the verdict, Detective Chief Inspector Jason Smith said that that it was […]

The murder trial of Raheem Wray — who is charged with murdering Osagi Bascome — continues in the Supreme Court, with Assistant Justice Mark Pettingill expressing concern about social media posts. Justice Pettingill reminded jurors not to view social media reports discussing the ongoing trial. The BBC reported that he did not specify the precise […]

Following a trial in the Supreme Court, Raheem Wray has been found not guilty of the murder of Osagi Bascome. Mr Bascome, a national level footballer, was murdered in December 2021. After a trial that began earlier this month, the jury of 10 women and two men returned the verdict of not guilty this evening. […]

An 18-year-old appeared in Magistrates Court in connection with a shooting on May 2nd. 18-year-old Kentaro Bean, of Devonshire, faces multiple charges relating to discharging a firearm and possessing ammunition and a firearm. His bail was set at $50,000 with a like surety and he was placed under 24-hour house arrest with an electronic monitoring device, […]