America’s last chance may have arrived

Op-ed views and opinions expressed are solely those of the author.

In the wake of the unprecedented conviction of the 45th President of the United States and presumptive GOP nominee, a potential Constitutional crisis awaits.

Republicans see it as election interference. With a shaky economy, an open border, world unrest and growing anxiety over government gone wild, President Joe Biden is sinking in the polls. His opponents have concluded that Biden’s only chance of pulling victory from the jaws of defeat is to utilize the legal system against his opponent. The stakes could not be higher.

Minnesota Congressman Dean Phillips, who has been called an “idealistic pragmatist,” recognizes the potential damage such a ploy could do and is doing to the country.

“Donald Trump is a serial liar, cheater, and philanderer, a six-time declarer of corporate bankruptcy, an instigator of insurrection, and a convicted felon who thrives on portraying himself as a victim. Yet, Governor Kathy Hochul should pardon him for the good of the country,” Phillips wrote on X Saturday.

As expected, this position did not go over well with fellow Democrats. Phillips, who made a brief appearance as a 2024 candidate for president, defended his position. In his view, it would help his party electorally. Thus far, Governor Hochul has made no overture either way.

Will the SCOTUS Intervene?

One can never predict such actions. As a rule, they like to refrain from interfering with a state court, which has its own twist. A federal election looms. Both sides have guns addressed on the other’s jugular. Left to fester, the situation could become much worse!

A case can be made that Donald Trump’s First, Fifth, Sixth and 14th Amendment protections were violated. District Court Judge Juan Merchan’s conflict of interest is flagrant. District Attorney Alvin Bragg’s motivation to “get Trump” was the center point of his election campaign. That an exclusively Democrat lower Manhattan jury was predisposed to render a guilty verdict was a given.

Were Hochul to pardon Trump, she would be ridiculed and chastised mercilessly by her peers. While her pardoning Trump might produce the best possible short-term and long-term outcome for the country, it’s doubtful that she would have the courage to exercise this option.

Most legal scholars believe that Merchan’s ruling will be eventually overturned by a higher New York court. However, the 2024 election will be in the rearview mirror by the time that they take it up. And what if in the future a “red state” judge, DA and jury take up a case on a Democrat presidential candidate? Could we expect a similar outcome? Probably. This is a problem and the reason why the high court might freeze Bragg’s case until they rule on the immunity case currently being argued. This is American legal scholar, John Yoo’s prediction.

The Chasm Continues to Deepen

Half of America has concluded that the chance of “reconciliation” with the other side has long since departed. The two sides’ basic values are 180 degrees apart. In 2020, an alleged 44,000 votes made the difference in an election that impacted 330 million people. Worse still, the winning side moved full speed ahead in advancing what some call the most radical agenda in history while going all out to punish those who contested the close outcome. Through it all, America has witnessed a “two-tiered” system of justice. The words “vengeance” and “retribution” are spoken freely in conservative circles.

Democrats are understandably in a tough spot. Everything is unraveling. The worst inflation in fifty years will do that to a country. There is an anger, accompanied by an unspoken rage that is rapidly taking a grip on the country. With this rage comes a deep-seated fear of a government grown too big and too powerful. People feel invisible. Have we reached the point of no return?

Most Americans agree with Trump and former presidential candidate, Vivek Ramaswamy that we are at a revolutionary point in American history. The “swamp” must be drained. We must return to an America with three branches of government. Not four. The question becomes, “how?”

The best short-term remedy would be a “Reagan-Mondale result” this November. In 1984, Dems introduced a platform that late President Ronald Reagan claimed, “went so far left, that it left America.” Walter Mondale won two states, and the District of Columbia. Such an outcome could have a serious impact on down-ballot races. This would all but guarantee implementation of the 2019 HIRE Act which would move 90% of the federal bureaucracy out of Washington, D.C. This would be a major accomplishment that would almost certainly be permanent.

Long term, the Supreme Court may be forced to clip the wings of rogue state courts such as the one that Trump is facing. Interference in a national election does fall under their purview. True, such action brings new considerations. A freeze, not a direct ruling would give the defendant a chance to go through the state appeals process. While nobody is above the law, every American is entitled to due process. Even Donald Trump!

Advantages of a National Divorce

It begins with a charismatic leader who the public believes has been unfairly maligned. The second rung is this leader’s previous track record as president, as compared to that of the current leadership. Throw in the fact that 70% of Republicans believe that Trump won the 2020 election, and you have the perfect storm.

MAGA stalwarts see themselves as Jeffersonians. They view Democrats as Marxists, attempting to implement Stalinist principles in America. It’s a final stand against Communism.

An American divorce would be more akin to a revolution. New media ownership. A purge in both academia and the federal bureaucracy. Other issues at hand would be fairly dividing the assets, protecting entitlements from interruption and what to do about the 15 million souls who crossed our borders illegally. Don’t expect “red” America to be gracious or generous.

The third rung gets interesting. The historic wealth transfer that took place with the first civil war would be partially reversed. In 1861, Mississippi was the richest state in the Union. Arkansas was the South’s poorest state. Yet Arkansas was richer than the North’s richest state, Connecticut. In 2024, the true wealth in America is under the ground and on top of it.

Joining the BRIC nations and returning to a gold/commodity-backed currency would take care of inflation. While the stock markets might crash, the transfer would relieve debt in America because existing debt would be contractually owed in devalued federal reserve notes. There would be many more winners than losers.

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