Former President Donald Trump is considering an appeal to the United States Supreme Court after being disqualified from the 2024 ballot by Colorado's Supreme Court. The decision, which cited the 14th Amendment's clause barring insurrectionists from holding office, determined that Trump's direct participation in the January 6, 2021 attack on democracy rendered him ineligible to run. With the deadline for appeal fast approaching on January 4th, Trump's legal team has vowed to expedite the process.
In response to the Colorado ruling, Trump took to social media on Christmas Eve, unleashing a bitter tirade where he called the decision a 'political delusion' and wished for his enemies to 'rot in hell.' However, such rhetoric has not come without consequences. The FBI has launched an investigation into reports of violent threats targeting the Colorado justices involved in the Trump case. The agency has stated its commitment to working alongside local law enforcement to diligently pursue all threats.
These threats against judges are deeply concerning, and the fear and intimidation faced by the judiciary is an issue that Chief Justice John recognized in his year-end report one year ago. During that address, he emphasized the need for a judicial system that doesn't cower in fear. While legislation was enacted to expand security measures for the family members of the US Supreme Court justices, further action is required to address the escalating threats faced by judges nationwide.
The virulent language used by Trump in his criticisms of the courts and personal attacks on judges has become a driving force behind the normalization of violent rhetoric. The alarming online posts targeting the Colorado justices, including calls for their killings and physical harm, reflect the dangerous consequences of such rhetoric.
The normalization of violence and the lack of remedial action by social media platforms contribute to this alarming trend. While Trump could play a vital role in diffusing the situation by unequivocally condemning these threats, it is unlikely that he will choose the mature and patriotic path. His failure to lower the temperature and discourage violent rhetoric is an indictment of his lack of statesmanship.
The chilling effect of these threats on judges and individuals involved in the legal process cannot be underestimated. The fear of reprisal may deter judges from upholding constitutional principles, even when the right thing to do is clear. When judges prioritize personal safety over the Constitution, the integrity of the judiciary and democracy itself is jeopardized.
As Trump's legal battles continue, with his defense team citing his acquittal in the second impeachment trial as a defense against allegations of election subversion, the question of whether he can be prosecuted looms large. While claims of double jeopardy are unfounded, the key issue lies in determining whether presidential immunity shields him from prosecution. This issue will likely be a subject of further legal proceedings and could potentially reach the Supreme Court.
As the nation watches the legal battles unfold, it remains clear that the threats against judges and the alarming normalization of violence must be addressed to safeguard the judiciary, democracy, and the rule of law.