Our failing rule of law: A current example

The Hill reports about former long-time Trump organization CFO Allen Weisselberg getting a light tap on the wrist for committing five gigantic felonies: 

The former chief financial officer of the Trump Organization on Monday pleaded guilty to perjury charges stemming from his testimony in former President Trump’s civil fraud trial.

Allen Weisselberg, Trump’s longtime financial gatekeeper, was charged with five felony counts of perjury. He pleaded guilty to two counts Monday for lying during a 2020 deposition as the New York attorney general’s office built its civil fraud case against the Trump Organization.

As part of the plea deal, he also admitted he lied in his trial testimony and during another deposition last year, without pleading guilty to those charges.

The ex-Trump Organization executive surrendered Monday morning to the Manhattan district attorney’s office. He entered state court later Monday in handcuffs and wearing a mask. A New York judge said he will be sentenced to five months in jail, the amount of time prosecutors requested.

“Allen Weisselberg looks forward to putting this situation behind him,” Seth Rosenberg, Weisselberg’s lawyer, said in a statement.

Five piddly months for protecting a gigantic fraud scheme? At the very least, it should be 5 years. 

The USSC just gutted the insurrection clause of the US Constitution

AMENDMENT XIV, Section 3

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.

A unanimous USSC opinion says that congress gets to decide who is an insurrectionist and who isn’t. In essence, that holding kills and buries the insurrection clause. What DJT did on 1/6/21 is now formally and practically sanctioned as legal. We are well past the days of a reasonably functioning, bipartisan congress and the USSC knows it. 

Scotusblog comments:

Before disqualifying someone under Section 3, the justices observed, there must be a determination that the provision actually applies to that person. And Section 5 of the 14th Amendment gives the power to make that determination to Congress, by authorizing it to pass “appropriate legislation” to “enforce” the 14th Amendment. Nothing in the 14th Amendment, the court stressed, gives states the power to enforce Section 3 against candidates for federal office, nor was there any history of states doing so in the years after the amendment was ratified.

Allowing states to enforce Section 3 against candidates for federal office could create a variety of problems. First, although Section 5 requires Congress to tailor any legislation that it enacts to implement Section 3 so that it specifically targets the conduct that Section 3 was adopted to prevent, state efforts to enforce Section 3 would not face this same limitation. “But the notion that the Constitution grants the States freer rein than Congress to decide how Section 3 should be enforced with respect to federal offices is simply implausible,” the court concluded.

In a relatively rare move, justice Barrett appeared to criticize the tone of the joint opinion filed by Sotomayor, Kagan, and Jackson, asserting that “this is not the time to amplify disagreement with stridency. The Court has settled a politically charged issue in the volatile season of a Presidential election. Particularly in this circumstance, writings on the Court should turn the national temperature down, not up.”

In their six-page joint opinion, Sotomayor, Kagan, and Jackson agreed with the result that the per curiam opinion reached – that Colorado cannot disqualify Trump – but not its reasoning. The three justices acknowledged that permitting Colorado to remove Trump from the ballot “would … create a chaotic state-by-state patchwork.”

But the majority should not, in their view, have gone on to decide who can enforce Section 3 and how. Nothing in Section 3 indicates that it must be enforced through legislation enacted by Congress pursuant to Section 5, they contended. And by resolving “many unsettled questions about Section 3,” the three justices complained, “the majority goes beyond the necessities of this case to limit how Section 3 can bar an oathbreaking insurrectionist from becoming President.”

Before this, I thought that the USSC was tipping in favor of corrupt, bigoted Christian theocracy and corrupt plutocracy over corrupt dictatorship. In view of this decision, I am unsure of what kind of corrupt authoritarianism the USSC favors. It is clearly anti-democracy, anti-elections, anti-civil liberties and definitely pro-corruption and authoritarianism. But beyond that I am just confused. 

Supporting all three kinds of corrupt tyranny at the same time seems to me to be untenable and something that could spin out of control. For example, if DJT gets re-elected, he will try for full-blown dictatorship with martial law and lots of repression. He could easily turn that sentiment against the theocrats and plutocrats, in a way akin to what the corrupt dictators who run China have done or what Putin has done to Russia.  

For clarity, Christianity in America can be brought under the control of a brutal dictator like DJT wants to be.

Of course, DJT would need to be careful and thoughtful about whacking Christian elites to bring them to heel. There could be a major backlash among the clueless rank & file. And, DJT is not a careful or a thoughtful person. He is much more like an enraged, unthinking wild animal with sharp claws and fangs. He does not do nuance or shades of gray. He lightheartedly does blunderbuss and enthusiastically exerts blind, raw power for self-gain.

We live in interesting times.

. . . . and like an adult’s nightmare! 

Biden's Dangerous Zionism

 Biden's Dangerous Zionism:

3/4/24

It's well known that Joe Biden is a staunch Zionist. He is far and away the top recipient of money from pro-Israel lobbies on record. His often highly animated speech in statements on Zionism and the importance of Israel for US interests are familiar to those who have followed his career. But recently I was reading an essay called The Shoah After Gaza, in the London Review of Books, when I came upon a truly chilling Biden anecdote. So much so, that despite the high credibility of the author, Pankaj Mishra, and the publication (LRB) I felt compelled to find corroborating evidence, which I did.  I'll begin by simply quoting the paragraph from the article that knocked me back a few days ago when I read it. Mishra writes:

In 1982, shortly before Regan bluntly ordered [Menachim] Begin to cease his "holocaust" [Reagan's term] in Lebanon, a young US senator...met the Israeli Prime Minister. In Begin's own account of the meeting, this senator commended the Israeli war effort in Lebanon, and boasted that he would have gone further, even if it meant killing women and children. Begin himself was taken aback by the blood-thirstiness of the future US President, Joe Biden. He had to insist, "No, sir. According to our values, it's forbidden to hurt women and children even in war. This is a yardstick of human civilization, not to hurt civilians. 

The source for this appears to be this article from the Times of Israel, which contains the same quote. I was able to find other sources that include additional quotes just as disturbing.

It is no small thing to try to outdo Menachem Begin when it comes to ruthless killings during times of war. There is an eerie irony in Menahem Begin's "humane" response to the sickening braggadocio of young Senator Biden. For Begin was the leader of the infamous Irgun, a terrorist group that fought both Arabs and the British from 1930 to 1948 in British Mandatory Palestine.  As far as "yardsticks" of civilization go, they employed few. For example,   on April 9, 1948, the combined force Irgun and the related Stern Gang attacked the  Arab village, Deir Yasin, several miles west of Jerusalem. Attackers killed 250 persons of whom half, by their own admission to American correspondents, were women and children.  Further, they did so despite having earlier agreed to a peace pact, and publicized the massacre as a cause for celebration. 

Irgun was also the group responsible for the King David Hotel Bombing that killed 91 people of various nationalities including Britons, Arabs and Jews. A list of other Irgun attacks can be found here . Begin himself recorded some of these incidents in his 1977 memoir, The Revolt. He was considered to be a terrorist by the UK, where he was banned for years; and fought against Israel's first PM David Ben Gurion and the IDF in 1948, before founding the opposition party, Herut,  which is the forerunner of his later Likud Party.

In 1948, when Begin planned to visit the US to drum up support for Herut, several Jewish luminaries including Albert Einstein, Hannah Arendt,  Zelig Harris, Sidney Hook, Rabbi Jesurin Cordozo et al.in the US wrote a letter of warning to the NY Times about Begin and his movement. Among other things, they wrote:

Among the most disturbing political phenomena of our times is the emergence in the newly created state of Israel of the “Freedom Party” (Tnuat Haherut or Herut), a political party closely akin in its organization, methods, political philosophy and social appeal to the Nazi and Fascist parties. It was formed out of the membership and following of the former Irgun Zvai Leumi, a terrorist, right-wing, chauvinist organization in Palestine....

Before irreparable damage is done by way of financial contributions, public manifestations in Begin’s behalf, and the creation in Palestine of the impression that a large segment of America supports Fascist elements in Israel, the American public must be informed as to the record and objectives of Mr. Begin and his movement.

The public avowals of Begin’s party are no guide whatever to its actual character. Today they speak of freedom, democracy and anti-imperialism, whereas until recently they openly preached the doctrine of the Fascist state. It is in its actions that the terrorist party betrays its real character; from its past actions we can judge what it may be expected to do in the future.

 [After detailing atrocities of the aforementioned Deir Yasin Massacre the authors add]. But the terrorists, far from being ashamed of their act, were proud of this massacre, publicized it widely, and invited all the foreign correspondents present in the country to view the heaped corpses and the general havoc at Deir Yassin...[They also describe some of the terrorist tactics employed] The Irgun and Stern groups groups inaugurated a reign of terror in the Palestine Jewish community. Teachers were beaten up for speaking against them, adults were shot for not letting their children join them. By gangster methods, beatings, window-smashing, and wide-spread robberies, the terrorists intimidated the population and exacted a heavy tribute....

[Finally they note] The people of the Freedom Party [Begin's Herut which is the progenitor of his later Lidud Party] have had no part in the constructive achievements in Palestine. They have reclaimed no land, built no settlements, and only detracted from the Jewish defense activity. Their much-publicized immigration endeavors were minute, and devoted mainly to bringing in Fascist compatriots

When, after serving under Golda Meir and founding Likud Party in1977, Begin was elected PM in a second act of his career, he negotiated with Anwar Sadat under intense pressure from Jimmy Carter at Camp David in 1979. Ironically, Begin (along with Arab nationalist, Anwar Sadat) won a Nobel Peace Prize.  Nobel Prize Org. states that, "When Israel's Prime Minister Begin came to Oslo to receive the Peace Prize, there were such violent demonstrations against him that the award ceremony had to be moved to Akershus fortress."  [emph added]

Biden, an avid Zionist who knew Golda Meir  and other prominent leaders in Israel,  knew-- and knows-- this history very well. He knew exactly with whom he was conversing  when he said he would have gone further in Lebanon, even if it meant killing women, children and civilians.

 Biden Meets Begin (Context):

In 1982, Reagan gave the green light to Begin's plan to invade Lebanon in order to wipe out the then-terrorist organization, PLO which had its central command there. By the time Begin met with the Senate Foreign Relations Committee, including Biden, in Washington, to shore up support, many in congress were angry about what they saw as the use of excessive force killing and displacing Lebonese civilians. Thousands of civilians would be killed by the Israelis by the time the war was over. At the time of the meeting, Ben Burgis writes the following in Jacobin:

"The specific Israeli attack that those other senators were confronting Begin about had, even according to the Israeli army, killed 460 to 470 civilians and made another twenty thousand homeless. [He notes that Palestinian figures put the numbers much higher]. That was the situation when Biden said he would have gone "further."

Shortly after the meeting, the U.S. government was shocked when Israeli General Ariel Sharon laid siege to Beirut, exceeding the plans he had shared with the Americans. Reagan, staunchly pro-Israel, was angry. The public outcry against Israel’s shelling of civilian neighborhoods added to Reagan’s alienation from Israel’s behavior. He told Begin that Israel was perpetrating a “holocaust” and he demanded that the prime minister reverse Israel’s cut-off of water and electricity to Beirut. Begin was outraged, but he complied with Reagan’s wishes.

Although a first-term president, Reagan proved willing to chastise Israel when he deemed his ally’s actions to be reckless and beyond decent bounds. He expressed concern over the deaths of Arab civilians, especially children, at least rhetorically. Reagan later succeeded in pressing the PLO to foreswear terrorism and thus brought the group into international diplomacy, helping build the path toward the Oslo Peace Accords of the 1990s.

Biden, on the other hand, had not only commended the Israeli attacks, but stated how much further he would have gone. According to Burgis, Begin's account of the meeting (rarely published in the West) includes the following quotes taken from an article in Yedioth Ahronoth a centrist Israeli paper that published Begin's account as he related it to them:

[Biden] said: “What did you do in Lebanon? You annihilated what you annihilated.”I was certain, recounted Begin, that this was a continuation of his attack against us, but Biden continued: “It was great! It had to be done! If attacks were launched from Canada into the United States, everyone here would have said, ‘Attack all the cities of Canada, and we don’t care if all the civilians get killed.”

Genocide Joe is more than an insulting epithet, it seems. Biden here states that if terrorist rockets fired from inside Canada were  to hit the US, then the US would be justified in  attacking all the cities in Canada, even if it killed all the civilians in those cities in Canada. This is by definition, GENOCIDE.

Begin had assumed that Biden's yelling and banging on the desk as reported in various sources such as this article by historian, Tevi Troy, was yet another senatorial rebuke over excessive use of force causing civilian deaths in Lebanon. He was quite surprised to find that Biden was  a cheerleader regarding what he now calls "over the top" tactics of the IDF in Lebanon at the time. Indeed, the elder statesman and former terrorist, felt compelled to recite the norms and values of international law, which he also called "our yard stick of human civilization." (see above) Who knows what he really thought. Perhaps he saw in Biden, a hunger for war that reminded him unpleasantly of his many years as the leader of a terrorist group with blood on his hands. Then again, maybe he never really changed, and inwardly continued to think that "the ends justify the means," Nobel Peace Prize notwithstanding. We will never know. What is clear, though, is that as Prime Minister of Israel, no matter how bellicose he may have been, he felt compelled to defend international humanitarian legal principles as the basis of "human civilization" in our times.  Biden, on the other hand, felt no need for such restraint. His rant was unhinged and genocidal. 

All of this gives me good reason to believe that Biden's current unconditional support of Israel's genocidal "war" (or mass slaughter and starvation), is not due to his age, or being "outsmarted" by Netanyahu (as Fareed Zakaria recently wrote in the Washington Post). It's not even explicable in terms of his being the top recipient of Israel lobby money in the US. His behavior now is exactly what you would expect from the man who said the things I've quoted above to Israel's most hawkish Prime Minister (until the present one at least). This is hard to swallow for anyone with the faintest glimmer of hope that Biden will "see the light" and, in Zakaria's phrase, "speak tough truths to Israel." I, for one, am not holding my breath.

 -Aside from the links/sources used in the OP, I recommend this Mother Jones article on Biden's relationship with Zionism and Israel over the decades: https://www.motherjones.com/politics/2023/12/how-joe-biden-became-americas-top-israel-hawk/

Let's talk about dancing dinosaurs................

 

Legoland California breaks world record for largest dino costume party

On Sunday, March 3, 2024 from 7 to 9 a.m., 1,273 dancing dinos joined the theme park to break the world record for the largest dinosaur costume party in the world.

Taking the title from Dundurn, Saskatchewan, Canada, which broke the record in 2023 with 1,187 dancing dinos

https://fox5sandiego.com/news/california-news/legoland-california-breaks-world-record-for-largest-dino-costume-party/

First I have  heard of this event and SO sorry I missed it. Aren't you??

Thinking about nuclear war

A NYT opinion (not behind the paywall - I highly recommend at least scanning this valuable opinion piece) considers the risk of nuclear war and the consequences if one happens:

Today’s generation of weapons — many of which are fractions of the size of the bombs America dropped in 1945 but magnitudes more deadly than conventional ones — poses an unpredictable threat.

It hangs over battlefields in Ukraine as well as places where the next war might occur: the Persian Gulf, the Taiwan Strait, the Korean Peninsula.

This is one story of what’s at stake — if even one small nuclear weapon were used — based on modeling, research and hundreds of hours of interviews with people who have lived through an atomic detonation, dedicated their lives to studying nuclear war or are planning for its aftermath.

Nuclear war is often described as unimaginable. In fact, it’s not imagined enough.

IF IT SEEMS ALARMIST to anticipate the horrifying aftermath of a nuclear attack, consider this: The United States and Ukraine governments have been planning for this scenario for at least two years.

In the fall of 2022, a U.S. intelligence assessment put the odds at 50-50 that Russia would launch a nuclear strike to halt Ukrainian forces if they breached its defense of Crimea. Preparing for the worst, American officials rushed supplies to Europe. Ukraine has set up hundreds of radiation detectors around cities and power plants, along with more than 1,000 smaller hand-held monitors sent by the United States.

Nearly 200 hospitals in Ukraine have been identified as go-to facilities in the event of a nuclear attack. Thousands of doctors, nurses and other workers have been trained on how to respond and treat radiation exposure. And millions of potassium iodide tablets, which protect the thyroid from picking up radioactive material linked with cancer, are stockpiled around the country.

Nearly 200 hospitals in Ukraine have been identified as go-to facilities in the event of a nuclear attack. Thousands of doctors, nurses and other workers have been trained on how to respond and treat radiation exposure. And millions of potassium iodide tablets, which protect the thyroid from picking up radioactive material linked with cancer, are stockpiled around the country. 

The strategic thinking behind those weapons is that they are far less damaging than city-destroying hydrogen bombs and therefore more “usable” in warfare. The United States estimates Russia has a stockpile of up to 2,000 tactical nuclear warheads, some small enough they fit in an artillery shell. 

But the detonation of any tactical nuclear weapon would be an unprecedented test of the dogma of deterrence, a theory that has underwritten America’s military policy for the past 70 years. 

The toll of a 10-kiloton blast on a military target near a city could be thousands dead, even more wounded. Roads, tunnels and railways are impassable because of debris and destruction. It might be days before rescue workers can venture safely into affected areas.

The thousands of unburied dead, the open sewage and the fetid water are a breeding ground for disease and growth in insect populations that have a higher tolerance than humans for radiation. Flies appear en masse, laying eggs in corpses and the open burn wounds of survivors.

Radiation sickness begins with bouts of nausea, vomiting and diarrhea. Days or weeks after exposure, people who look fine can suddenly lose hunks of hair, become anemic and weak, and begin bleeding internally. Their immune systems can fail, rendering them helpless against the infectious diseases that start to spread: dysentery, typhoid, cholera.

The opinion is long and interactive. One needs to scroll through the images and commentary at various points. Here is what some of the scrolling looks like after a 10 kiloton nuclear weapon is used in battle. 10 kilotons is considered a small “tactical” bomb, about half the size of what obliterated Nagasaki and Hiroshima. These little fellers are easily mounted on a short range missile or artillery shells and shot at an enemy city or military installation. The big fellers, ~500 kilotons and up are a far more devastating. Here is some of the artwork that imagines what a little 10 kiloton feller can do.

CONTEXT & COMMENTARY

I spent several years working on a project to develop a drug that could treat lethal radiation exposure after a nuclear blast. Long story short: The drug worked amazingly well, but Tony Fauci killed it for reasons the research team was never told and Fauci will never reveal. He might lie about it if asked, but that is as close to truth as the public will ever get. I know a lot about (1) what will happen after a nuclear blast (true knowledge, not just guessing), and (2) the insulting, bullshit propaganda and outrageous lies our own government spews on us about it. Two points merit a mention.

• The comment in the article, millions of potassium iodide (KI) tablets, which protect the thyroid from picking up radioactive material linked with cancer, is an example of the insulting, bullshit propaganda and outrageous lies our own government spews on us about protecting people after a nuclear blast. It is about 97% a lie. Most people do not die years later from thyroid cancers that KI tabs might be able to reduce. They die from acute, lethal radiation exposure within a few days and weeks. KI does absolutely nothing to deal with that. I do mean literally nothing. People die from immune system collapse and massive infections, not cancer years later.

• The comment in the article, it might be days before rescue workers can venture safely into affected areas, is another example of the insulting, bullshit propaganda and outrageous lies our own government spews on us. Official US policy for first responders is this: Do not go into the zone where radiation is high. First responders are required to sit outside and wait for survivors to walk or crawl out of the kill zone. When they get out, there is not a fucking thing that can be done other than to let them die more comfortably than if they had died alone in the kill zone. That assumes that pain killers have not run out before a survivor crawls out. One reason there is not a fucking thing that can be done is because Tony Fauci killed the one and only mass use drug known so far that would save lives if it had been accepted by Fauci and deployed to the US Strategic National Stockpile.

If it sounds like I dislike Fauci, it is because I hate his guts. I hate him for killing a useful radiation drug for no reason, and for his years-later lies about the origin of COVID. His bloody fingerprints are all over both unhappy events.

Katherine Stewart on DJT

Katherine Stewart is a one of the writers who got me to understand the depth and scope of the profound threat that American Christian nationalism poses to democracy, civil liberties, the rule of law and honest governance. Her 2019 book, The Power Worshippers: Inside the Dangerous Rise of Religious Nationalism, was an eye opener for me. I wrote several reviews, e.g., here (book review), here (chapter review), here (chapter review) and here (chapter review). A Salon article reports about a recent discussion with Stewart:

“Better than Jesus”: How far will the cult of Trump go?

MAGA has “been persuaded,” Katherine Stewart tells Salon, “that Trump is the savior who will face down the demons”

Salon commentary: Donald Trump is a human chaos engine. It is a function of both his personality and his politics. He has shown himself to be what mental health professionals describe as “hypomanic”: He has what appears to be an endless amount of energy.

Trump is an instinctive authoritarian and a demagogue. Although he has no real ideology beyond amassing raw corrupt power for his own purposes, Trump’s political project is fascist. He hates democracy, the rule of law, and any other restraints on his behavior and goal of being America’s first dictator. Such political strongmen and their movements use chaos, confusion, and destruction as one of their primary weapons to exhaust any resistance to them. As he has shown throughout the last eight years (at least), Donald Trump is a master of this strategy.

In all, it has been very difficult for the American people, the news media, and the country’s responsible political elites to stop Donald Trump and the larger neofascist movement precisely because he and they are launching so many attacks simultaneously on the country’s democracy, institutions, political culture and collective sense of reason – and reality itself.

The Supreme Court’s decision on Wednesday to hear Trump’s absurd case about Jan. 6, where he is arguing that while president, he had some type of immunity from the law like a king or emperor who can order his political rivals killed by the military or accept money for political favors, being the most recent example.

Trump’s delusions of grandeur have been escalating as he continues to proclaim that he is some type of messiah-prophet, chosen by “god” and “Jesus Christ” to lead the MAGA movement in an epic End Times battle of good and evil against President Biden and the Democrats and “the left” to “save America” by winning the 2024 election. Trump is now also claiming that he is a “proud” Christian who is being persecuted – basically like Jesus Christ – by the courts and others who are daring to hold him accountable for his decades-long public crime spree.

None of this is normal despite how the mainstream news media as an institution, the other “guardians of democracy”, and too many everyday Americans have come to accept that it somehow is.

Katherine Stewart: There’s a disconnect between the reality and the narrative framing that sticks to everything. For example, we continue to get horse race coverage that tells us about Trump’s “big win” in South Carolina as if this were just another normal election cycle. On the other hand, the combination of Trump’s legal jeopardy and his increasingly unhinged, overtly fascist rhetoric is indisputable evidence that what we are facing is anything but normal.

As for Trump’s claims about being a prophet or some type of messiah, I think we have here a convergence between what appears to be Trump’s mental disorder and the needs of a base that has been primed for fascism. The only surprising thing about Trump’s claims is he has not yet said he is better than Jesus. That is sure to come!

It is what it is, and anybody who has been watching this unfortunate man for the past decades knows exactly what I’m talking about. It’s just sad. The more pressing problem is that fascism so often works through the cult of the leader. The leader is always one who suffers on behalf of the victim majority, but who nonetheless triumphs against the evil cosmopolitan elite. And Trump seems to understand this instinctively, which is why he insists that, in his legal struggles against a supposedly corrupt system of justice, he is standing up for the little guy.

We can’t know the extent to which Trump believes his own lies. The more important point is that majorities of Republican voters believe him when he speaks. In last summer’s CBS News-YouGov survey, Trump supporters – astonishingly –tend to trust him more than they trust their family and friends, conservative media, or even their own religious leaders. We cannot overstate the role of conspiracism and disinformation in bringing us to the point we are in right now. Many MAGA voters have been drawn into a fear-filled, fact-free world.  

They continue to believe the Big Lie that the 2020 was stolen; they think Trump was the greatest president ever; they say that his indictments are just political persecution from a “weaponized” system of justice; and they have been persuaded that a global cabal is trying to strip away from them everything they hold dear – and that Trump is the savior who will face down the demons and set the world aright.

Unfortunately, a cynical faction of affluent supporters don’t believe a word Trump says, but they support him anyway because they are under the impression that he will deliver economic policies that benefit them. I think of this as the tragedy of unenlightened self-interest – or the stupidity of greed.

That speaks for itself. 

DJT & corrupt dictatorship vs. the elites & corrupt theocracy and plutocracy

That last paragraph I highlighted gets at how I analyze the situation. In my opinion, the USSC will quite likely decide that DJT can be tried for his crimes because he is not immune. There is about an 85% chance of that in my opinion. Those elites that Stewart refer to are not stupid. They are very intelligent, brutal, and devoid of empathy and morals. By now, they see the threat that the deranged, unpredictable, equally immoral and brutal DJT will be if he gets back in power. 

Most American radical right authoritarian elites, including those instrumental in selecting USSC judges, are inherently Christian nationalist (usually wealthy), plutocratic capitalist (usually wealthy), or both. The sympathies of the wealthy judges aligns a lot more with the corrupt Christian theocrats and corrupt plutocrats than with the unpredictable, corrupt dictator that DJT is. 

If the USSC decides that DJT is immune from prosecution, that will be the last line of defense they have against DJT coming after them and their power one day. From that point of view, the theocratic, plutocratic USSC has no choice but to throw DJT under the bus and allow him to eventually be prosecuted. 

Of course a serious criticism of that analysis is that the USSC took the case at all. If the USSC had simply declined to hear the case, that would very likely have been the end of the DJT threat. What they did protects the dictator. That is baffling to me. Why did they do this? It make no sense to me. So, there is about a 15% chance the USSC will decide DJT is immune from prosecution. That would help shift the balance of power toward dictatorship, seemingly leaving theocracy and plutocracy less advantaged than they are now.