Our reader who calls him/herself “Democracy” left the following well-documented comment about Putin and Trump. Trump laughs at any suggestion that Putin helped him best Hillary Clinton, calling it a “witch hunt,” “a hoax,” or just “Russia, Russia, Russia!” He says he was cleared by the Mueller Report. Democracy says otherwise.

He or she writes:

The Supreme Court is “undemocratic” in that its members are not elected.

Yet, it is part of a larger democratic system crafted by the Founders in the Constitution. Its members (and all federal court judges) are appointed by the president – who is elected – and subject to confirmation by a majority of the Senate (also elected). It has the power of judicial review, which in simplified terms is “the power of an independent judiciary, or courts of law, to determine whether the acts of other components of the government are in accordance with the constitution.”

In the case of the Colorado Supreme Court’s decision to declare Trump an insurrectionist and remove him from the ballot per the direct wording of Section 3 of the 14th Amendment, the US Supreme Court abdicated its responsibility. It turned its collective back on the Constitution, led by the core conservatives on the Court.

What I find MOST undemocratic about THIS Court is that fully one-third of it — in my view — is illegitimate. These members — Gorsuch, Kavanaugh and Barrett — were appointed by a president* who knowingly and willingly took LOTS of help from Russian intelligence agencies to win* the 2016 presidential election. 

David Cole put it like this in describing the Mueller Report in the New York Review of Books:

“Robert Mueller’s report lays out in meticulous detail both a blatantly illegal effort by Russia to throw the 2016 presidential election to Donald Trump and repeated efforts by Trump to end, limit, or impede Mueller’s investigation of Russian interference. Trump’s efforts included firing or attempting to fire those overseeing the investigation, directing subordinates to lie on his behalf, cajoling witnesses not to cooperate, and doctoring a public statement about a Trump Tower meeting between his son and closest advisers and a Russian lawyer offering compromising information on Hillary Clinton.”

“The Mueller report describes extensive contacts between the Trump campaign and the Russians, many of which Trump campaign officials lied about. And it finds substantial evidence both ‘that the Russian government perceived it would benefit from a Trump presidency and worked to secure that outcome, and that the Campaign expected it would benefit electorally from information stolen and released through Russian efforts.’… Russian intelligence agency hackers targeted Hillary Clinton’s home office within five hours of Trump’s public request in July 2016 that the Russians find her deleted e-mails. And WikiLeaks, which was in close touch with Trump advisers, began releasing its trove of e-mails stolen by the Russians from Clinton campaign chairman John Podesta one hour after the Access Hollywood tape in which Trump bragged about assaulting women was made public in October 2016.”

“Trump has repeatedly dismissed the investigation as a ‘witch hunt.’ But Mueller found “sweeping and systematic” intrusions by Russia in the presidential campaign, all aimed at supporting Trump’s election. He and his team indicted twenty-five Russians and secured the convictions or guilty pleas of several Trump campaign officials for lying in connection with the investigation, including campaign chairman Paul Manafort, top deputy Rick Gates, campaign advisers Michael Flynn and George Papadopoulos, and Trump’s personal lawyer Michael Cohen. Trump’s longtime friend Roger Stone faces multiple criminal charges arising out of his attempts to conceal his contacts with WikiLeaks. If this was a witch hunt, it found a lot of witches.”

“The report establishes beyond doubt that a foreign rival engaged in a systematic effort to subvert our democracy…the Russians referred to their actions as ‘information warfare.’ One would think that any American president, regardless of ideology, would support a full-scale investigation to understand the extent of such interference and to help ward off future threats to our national sovereignty and security. Instead, Mueller’s report shows that Trump’s concern was not for American democracy, but for saving his own skin.”

“The report rests its determinations of credibility on multiple named sources and thoroughly explains its reasoning. Its objective ‘just the facts’ approach only underscores its veracity…the results are devastating for Trump…Trump directed White House Counsel Don McGahn to fire the special counsel…after this was reported by The New York Times, Trump instructed McGahn to lie about it. Trump lambasted Attorney General Sessions for recusing himself from overseeing the investigation…Trump repeatedly pressured Sessions to ‘unrecuse’ himself.…He interceded to delete from a statement about his son’s meeting with a Russian lawyer any reference to the lawyer’s offer to provide compromising information on Hillary Clinton. He encouraged important witnesses, including Cohen and Manafort, not to cooperate with the investigation.”

“No reasonable reader can come away from the report with anything but the conclusion that [Trump]repeatedly sought to obstruct an investigation into one of the most significant breaches of our sovereignty in generations, in order to avoid disclosure of embarrassing and illegal conduct by himself and his associates.”

Jane Mayer described the 2016 election in the New Yorker like this:

“Kathleen Hall Jamieson, a professor at the University of Pennsylvania, since 1993, has directed the Annenberg Public Policy Center and in 2003 she co-founded FactCheck…She is widely respected by political experts in both parties…her conclusion is that it is not just plausible that Russia changed the outcome of the 2016 election—it is ‘likely that it did.’…Russian trolls created social-media posts clearly aimed at winning support for Trump from churchgoers and military families…according to exit polls, Trump  outperformed Clinton by twenty-six points among veterans; he also did better among evangelicals than both of the previous Republican nominees, Mitt Romney and John McCain…During the weeks that the debates took place, the moderators and the media became consumed by an anti-Clinton narrative driven by Russian hackers.”

https://www.newyorker.com/magazine/2018/10/01/how-russia-helped-to-swing-the-election-for-trump?mbid=social_twitter

Volume V of the Senate Intelligence Committee Report on the 2016 election stated that,

“the Russian government engaged in an aggressive, multifaceted effort to influence, or attempt to influence, the outcome of the 2016 presidential election…Manafort’s presence on the Campaign and proximity to Trump created opportunities for Russian intelligence services to exert influence over, and acquire confidential information on, the Trump Campaign. Taken as a whole, Manafort’s highlevel access and willingness to share information with individuals closely affiliated with the Russian intelligence services, particularly Kilimnik and associates of Oleg Deripaska, represented a grave counterintelligence threat…”

“Russian President Vladimir Putin ordered the Russian effort to hack computer networks and accounts affiliated with the Democratic Party and leak information damaging to Hillary Clinton and her campaign for president. Moscow’s intent was to harm the Clinton Campaign, tarnish an expected Clinton presidential administration, help the Trump Campaign after Trump became the presumptive Republican nominee, and undermine the U.S. democratic process…While the GRU and WikiLeaks were releasing hacked documents, the Trump Campaign sought to maximize the impact of those leaks to aid Trump’s electoral prospects. Staff on the Trump Campaign sought advance notice about WikiLeaks releases, created messaging strategies to promote and share the materials in anticipation of and following their release, and encouraged further leaks. The Trump Campaign publicly undermined the attribution of the hack-and-leak campaign to Russia and was indifferent to whether it and WikiLeaks were furthering a Russian election interference effort.”

Click to access report_volume5.pdf

The New York Times reported the Volume V release like this:

“The report by the Senate Intelligence Committee, totaling nearly 1,000 pagesprovided a bipartisan Senate imprimatur for an extraordinary set of facts: The Russian government disrupted an American election to help Mr. Trump become president, Russian intelligence services viewed members of the Trump campaign as easily manipulated, and some of Trump’s advisers were eager for the help from an American adversary…the report showed extensive evidence of contacts between Trump campaign advisers and people tied to the Kremlin — including a longstanding associate of the onetime Trump campaign chairman Paul Manafort, Konstantin V. Kilimnik, whom the report identified as a ‘Russian intelligence officer.’…Mr. Manafort’s willingness to share information with Mr. Kilimnik and others affiliated with the Russian intelligence services ‘represented a grave counterintelligence threat,’ the report said…The Senate investigation found that two other Russians who met at Trump Tower in 2016 with senior members of the Trump campaign — including Mr. Manafort; Jared Kushner, the president’s son-in-law; and Donald Trump Jr., Trump’s eldest son — had ‘significant connections to Russian government, including the Russian intelligence services.’…”

The BBC reported this in the summer of 2018 after Trump met with Putin in Helsinki:

“After face-to-face talks with Russian President Vladimir Putin, Mr Trump contradicted US intelligence agencies and said there had been no reason for Russia to meddle in the vote. Trump was asked if he believed his own intelligence agencies or the Russian president when it came to the allegations of meddling in the elections.

‘President Putin says it’s not Russia. I don’t see any reason why it would be,’ he replied.

US intelligence agencies concluded in 2016 that Russia was behind an effort to tip the scale of the US election against Hillary Clinton, with a state-authorised campaign of cyber attacks and fake news stories planted on social media.”

Trump is not just an insurrectionist. He was – and is – a clear and present counterintelligence danger to the security of the United States. 

The members of the Court have to know this. Rather than act on what they know to be true, they ducked their heads and pretended otherwise.