JUDGING GREATNESS — Martin Sheil Waxes Poetic On Judge Tanya Chutkan
Retired IRS criminal investigator Martin Sheil deploys myriad sports metaphors to celebrate the excellent work of Judge Chutkan, who is writing history
In this guest op-ed, retired IRS criminal investigator Martin Sheil — Bette Dangerous’ Follow the Money correspondent — revels in Judge Chutkan’s greatness with sports analogies — his milieu.
Those who joined our fabulous Happy Hour last night with Marty, heard much of this sentiment firsthand.
Play ball…
JUDGING GREATNESS by Martin Sheil
Justice Stewart once somewhat famously commented in response to a question as to whom was the greatest of all Judges - "I could never succeed in defining it — but I know it when I see it..."
Judge Chutkan and her opinions are going down in history as "great." I know it when I see it, and I see it in her Trump opinions and her opinion with regard to rejecting Trump's defense of Presidential immunity takes the cake.
You know I am a sports fan so I feel compelled to make sports analogies, particularly when it comes to greatness. Bear with me.
Remember the "miracle on ice" the 1980 Men's Olympics hockey game between the American amateur hockey team that beat the professional Soviet men's team on Mike Eruzione's last period goal?
How about Michael Jordan's winning shot in the the 1998 NBA Championship game against Utah that won for the Chicago Bulls an unprecedented sixth NBA championship?
What about Carlton Fisk's 1975 extra innings World Series winning home run that the city of Boston still reveres?
I know you remember the USWNT 1999 World Cup championship win when Brandi Chastain scored the winning goal in a shootout and proceeded to run around the stadium in her sports bra waving her shirt in celebration making a statement for herself, her team, her country and women everywhere.
Memorable.
Greatness - you just know it when you see it.
So too are Judge Chutkan's opinions which when all is said and done with regard to the Trump era, historians will duly note were key to Donald Trump's demise in my very humble opinion.
Back in 2021 after Trump had left office, Judge Chutkan ruled against the Trump team with regard to their assertion of Executive Privilege when the Congressional Committee investigating January 6 attempted to obtain Presidential records. Chutkan opined then that "Presidents are not king, and plaintiff is not president."
Chutkan followed up that theme in last week’s opinion, ruling against the assertion of Presidential immunity from prosecution that "Defendant's four-year service as Commander in Chief did not bestow on him the divine right of kings to evade criminal accountability that govern his fellow citizens."
Fearless words but what is her legal backup?
SCOTUS has never ruled on whether Presidents or ex-Presidents can be prosecuted for alleged criminal behavior while in office. SCOTUS has ruled previously that Presidents cannot be sued civilly while in office or ex officio for actions taken when in office. But that legal history is now being directly challenged by the Washington DC Court of Appeals who issued their ruling just hours prior to Chutkan's — that Democratic lawmakers and police officers who have accused Trump of inciting the U.S. Capitol riot on 1/6 - can move forward. This highly thought of Appellate Court rejected Trump's expansive claims that Presidential immunity shields him from liability.
Double whammy! The table is set. See you in SCOTUS.
You just have to love the way Chief Judge Srinivasn framed the issue: "The sole issue before us is whether President Trump has demonstrated an entitlement to official act immunity for his actions leading up to and on January 6 as alleged in the complaints - we answer NO at least at this stage of the proceedings" - in a unanimous opinion.
It should be noted that it is the same DC Circuit Court of Appeals that issued the above unanimous opinion with regard to Trump's CIVIL exposure that will be the same appellate court that will first have to review Chutkan's ruling with regard to Trump's appeal on his potential criminal exposure.
Then comes SCOTUS.
SCOTUS can start with Chutkan's pithy phrasing on this issue - "the office of the President does not confer a lifelong get out of jail free pass."
and
"Former Presidents enjoy no special conditions on their criminal liability."
No legalese to parse there. No Latin phrases to comprehend. If still confused: "Defendant may be subject to federal investigation, indictment, prosecution, conviction and punishment for any criminal acts undertaken while in office."
Oh my.
It was said that the great Justice Marshall molded his decisions to accord with what "he felt were the necessities of the time."
So too has Judge Chutkan.
But wait a minute — Trump has other defense besides Presidential immunity does he not.
Not really.
How about freedom of speech? Hyperbole in political speeches is a well documented occurrence. Doesn't Trump have First Amendment protections?
Chutkan addressed this issue thusly — "It is well established that the First Amendment does not protect speech that is used as an instrument of crime."
Oooh. Succinct. To the point. Let's give that one an ipso facto!
Well, what about Trump's double jeopardy defense — Trump's claim that he was acquitted in the Senate trial with regard to Congressional Impeachment charges and further prosecution represents double jeopardy so he should slide?
Chutkan made short work of that one when she opined — the assertion that Trump's "Impeachment acquittal precludes future criminal prosecution from related conduct - defies common sense."
But we are talking Trump here, and it makes all the sense in the world to the Trump cult!
We should all be reminded here what James Madison said in Federalist 51 — "no government would be necessary if men were angels."
But we are not talking about an angel here nor a King or even an ex-President.
Greatness will be required in all of our Judiciary to address what we are all dealing with now and the near future — this grasping, grating Fuhrer-in-Waiting and all the cultish adoring fans of the Orange Jesus.
Tanya Jutkan provides our system of justice with a foundation -- a framework for the Court of Appeals to work successfully with before the ultimate decisions will be required from what has recently been exposed as a very venal SCOTUS.
Will the Supremes be up to the task? Can they maintain the level of greatness that Judge Jutkan has evinced to date in our system of Justice and ensure the rule of law prevails?
Can they even approach it?
Stay tuned... to be continued... etc… etc…
Yours truly,
Marty Sheil, a vermin writing from my rathole
In light of Marty’s signature, he shared with the Bette Dangerous Happy Hour members his favorite New York rat story — a video of a New York City rat in the subway munching on a slice of pizza.
“That’s Marty the Rat,” he said, “since Trump claims all leftists are vermin.”
So our friend Dan Brown dug up this video — a treat for our members who enjoy a good laugh — of a performance artist doing an impersonation of ‘Buddy the Rat.’
Here is Buddy at play.
We at Bette Dangerous defend our democracy, while still having a good time.
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