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Thursday, April 6, 2023

Crucifying a Conservative Black Man--Just in Time for Easter

 Clarence Thomas, the Supreme Court's ONLY black man, is being crucified in the news this week because he happened to have a rich conservative friend (gasp--a conservative has a conservative friend) with whom he went on vacations. No where in the judicial code does it say that Supreme Court Justices (or any judges for that matter) cannot have friends, attend parties, or go on vacations with other like-minded people. In fact, Courts across the nation have ruled that you must get your paycheck from a Plaintiff/Defendant or someone who could be a Plaintiff/Defendant in the case or one on a similar subject matter in order to recuse. They have also ruled that if you were put in your position by one of the Plaintiff/Defendants, (i.e. if someone made large donations to your election or re-election campaign), you also should recuse. Justices do not even have to disclose their financial information. But Clarence Thomas wasn't involved in an election campaign and the person he was vacationing with has never, to the best of my knowledge, been before him in  a legal case. Remember that.

The Code of Conduct for Judges also specifically states that a Judge cannot publicly give his or her opinion on a case prior to it coming before the judge, the judge reviewing the evidence from both sides, and then the judge officially giving his/her ruling. So, why wasn't RBG impeached or at least threatened with impeachment as Clarence Thomas is being threatened with impeachment? Ruth Bader Ginsberg (RBG) performed several gay marriages and attended both the wedding (obviously) and the party afterward--PRIOR TO RULING ON WHETHER OR NOT GAY MARRIAGE WAS LEGAL. When the case came before her, she didn't even think about recusing despite the clear guidelines that she must do so. Again, Clarence Thomas is a conservative black man. RBG was a liberal white woman. Clarence Thomas went on vacation with a rich, outspoken conservative. At no point did he discuss any of his cases or publicly make statements about them prior to deciding them based only on the evidence before him and the law. RBG, on the other hand, publicly supported gay marriages and performed them even when they were not legal, but her failure to recuse went by silently.

But let's talk about another judge who hasn't recused--probably the reason everyone is trying to crucify Clarence Thomas--so people don't talk about him. Let's talk about Justice Juan Merchan. In New York, you see, this judge was put into his position directly by the Democratic Party. That's right, in New York, home of Tammany Hall--the poster child of political corruption. Now, there are 136 judges in New York that are supposed to randomly get cases. Justice Juan Merchan has remarkably managed to draw 4 separate Trump cases and have them assigned to him in just a couple years. Please correct my math if its wrong, but that's like 3 in 1 billion odds. For comparison, in 2021, 65,000 criminal cases were filed during the entire year across the entire United States in the Federal Court System. Why isn't anyone questioning this? 

I am willing to say that a judge put in place by the Democrats could rule in an unbiased manner against someone the Democrats loath and absolutely do not want running for office in the next election, but I start to waver on that when I look at Trump's current indictment. Justice Juan Merchan allowed Trump to be indicted for 39 counts of hiding criminal actions. The problem is that Trump was not indicted for said CRIMINAL ACTIONS. How can a person be indicted for hiding criminal actions without BEING INDICTED FOR THOSE ACTIONS? The district attorney brought absolutely no other criminal charges. If Trump was hiding a crime, why wasn't he charged with that crime? If you don't have enough evidence that he committed one or more crimes, why in the world are you charging him with anything? 

Well, that's simple--although it is something that most unbiased courts frown upon. During court discovery, the Prosecuting attorney can ask for pretty much anything and Trump has to give it to him or try to get the judge to agree that the Prosecuting attorney doesn't need it. Now, imagine that every single detail of your life could be brought into a lawsuit--that little monitor in your car that records your speed wherever you go, for example, or all your checkbook records, your personal diary, your calendars...Can you say you have never broken a single law in all your life? Most people don't even read and know all the laws. So, if the judge doesn't stop it, the prosecuting attorney can go on a fishing expedition. And even if he doesn't find anything, he can still say Trump was hiding criminal intent and did it so well there isn't evidence of the actual crime. That's not the way the courts are supposed to work, but the case should have been thrown out from the beginning unless the prosecutor charged Trump with an actual crime that he was hiding. That Justice Juan Merchan did not do that is what makes me believe he should recuse. When that is added to all the other information about him, I question whether he could rule against the wishes of the party that put him in office. 

But Clarence Thomas going on vacation with friends is the topic of the poor news agencies this week. For them, Justice Juan Merchan is a hero, just as RBG was. I, personally, would like MORE black men on our Supreme Court. I fail to understand how going on vacation with a like-minded person could influence you in any way as a judge. You already agree on most topics--so where is the influence?


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