Post #2

DATELINE DEC 27 2024 -- DON'T MISS THIS!
SCOTUS' LAST CHANCE TO SAVE ITSELF COMES IN JAN 2025

Trump filed a brief in the TikTok case at SCOTUS. Its import is nothing less than the termination of the Court itself. It is the Trojan Horse that will poop on us all. Here is what you need to know:

Congress passed a law that requires TikTok to immediately sever its governing and operational ties with China or the US will turn off the app to US users in January 2025. TikTok was founded and is essentially owned by a Chinese corporation and Chinese individuals, and Congress believes they provide user data and granular metric access to the Chinese government, meaning China knows more about US TikTok users than their own families.

The law additionally provides TikTok with an expedited court schedule should they want to fight the law. That expedited schedule jumps the case straight to the appellate court, and then to SCOTUS.

ByteDance — the owner of TikTok — did indeed file suit, claiming the law violates our First Amendment rights by cutting off its US users’ ability to post their words and ideas.

The law was upheld by the appellate court and went on to SCOTUS, which agreed to hear it on their own expedited review in January 2025. So the hearing will happen on January 10, and SCOTUS has committed to a decision by January 19, the date that the US plug would be pulled on TikTok unless SCOTUS invalidates the law.

All this is “normal procedure”. But when the parties made their written findings last week, and amici curiae (“friends of the court”) filed their opinions, Trump filed one too. His was hardly a friendly filing.

What Trump did was demand that SCOTUS pause both the case and the law, AND hand the case over to him to personally mediate a settlement.

Now think that through for a moment.

(1) Trump is not a party to the case. Congress, acting on behalf of all the People of The United States and represented by the Department of Justice, is one massive party. ByteDance is the other party. Trump is no more a party than any of the more than three hundred and forty million other People of The United States.

(2) Even once he is inaugurated (a day after this case is set to be decided), Trump has no legal authority to demand to mediate lawsuits or to revise the terms of laws. Once sworn in he could violate norms and order DOJ to ask SCOTUS for a pause in a case, but this one will be over by then, and SCOTUS notably set these dates after Trump had become President-elect and well aware of when he would be sworn in. He could of course offer his mediation services to the parties at any time, and one presumes he has already done that to no avail. But, by the Constitution, Congress is not subject to the power and intervention of the Executive Branch. When Congress makes a law, the Executive is Constitutionally supposed to execute it. “Executive” — “execute” — get it? President Trump has parameters within which he can decide how to execute the law, but he cannot re-write it or ignore it. At the same time, it is the Judicial Branch of our government that decides legal issues, and this case states a very clear legal Constitutional First Amendment issue. Trump’s brief quite literally lays out all his political and business aptitude to negotiate a settlement, it does not even pretend to address the legal issues in the case. You have got to go read it. It is astounding. Here is my translation: “Dear SCOTUS, re the TikTok case, I got it, I’ll handle it. Stop whatever you’re doing and hand it over to me. I know better than you how to handle this and I don’t need you, go get your billionaires to take you on vacay. If I ever need you for anything, I’ll call, but don’t hold your breath. Remember to pack suntan oil.”

(3) So what should SCOTUS do in response to Trump’s brief? It’s easy, it’s something they do all the time to anyone and everyone who tries wrongly and foolishly to meddle in a case. SCOTUS should kick out Trump’s brief, writing unanimously: “Mister Trump has no standing to file this request. He is not a party to the case, and he is not amicus curiae because he is trying to interpose himself directly and personally in the continuing conduct of the case, and he makes no legal arguments. SCOTUS is not in the business of making case referrals for others to do SCOTUS’ job. SCOTUS makes legal decisions and yet Mr. Trump specifically requests a political determination of this case. His appearance and request trample the separation of powers, he wants no Congress and he wants no Courts, he seeks to be the ultimate authority and power for everything. His brief is declined for consideration and deleted from this case file, and this matter will be reported to the Bar so Mr. Trump’s lawyers can answer why they would file such a document that so clearly violates court rules and even more clearly misstates the law.”

Think this is what will happen? I say only: if SCOTUS does not make such a reply, if they give any time or credence to Trump’s brief, then they are announcing: “SCOTUS — Gone Yachting & Closed Forever — Historic Chambers Available for Lease, Parties, or TikTok Shoots — phone jroberts @ 202.479.3000”.