Monday, July 8, 2024

The Hamas Supreme Court

- This abomination, this Hamas Supreme Court.
- You've got my attention. What does the Supreme Court decision in TRUMP v. UNITED STATES on presidential Immunity have in common with the terrorist group Hamas?
- The court's decision ignores the text and spirit of the U.S. Constitution and is therefore literally unlawful.
- Or as one legal scholar put it, declares the Constitution unconstitutional.
- The decision forbids the use of evidence as to the president's motivation in consideration of whether action is done by the president as part of the declared express duties of the president.
- Just as Hamas has declared their intention to fight the Jews 'by all means necessary'. In the atrocities Hamas committed on October 7, 2023 personal motivations are stated to be out of bounds of criticism.
- While the core functions of the U.S. President are declared totally immune* from prosecution by the U.S. Supreme Court - for example the power to pardon and to direct the military - the core function of Hamas, as expressed by them in their founding document, is to kill all Jews. The motives behind that function, the human character as expressed in the atrocities gleefully committed last October, are not allowed to be investigated.
- Both the U.S. Supreme Court and Hamas have hit on the same technique to draw attention away from obviously terrible, unjustifiable conduct: the elevation of functionality, instrumentality, of means-to-an-end, to the end itself. Human interests, purposes, desires, character are judged to be out of bounds.
- Presidents cannot be allowed to have their actions, whatever their morality, hindered by fear of criminal prosecution. Jews must be killed by all means necessary. 

Further Reading:
* From TRUMP v. UNITED STATES: 'Under our constitutional structure of separated powers, the nature of Presidential power entitles a former President to absolute immunity from criminal prosecution for actions within his conclusive and preclusive constitutional authority. And he is entitled to at least presumptive immunity from prosecution for all his official acts. There is no immunity for unofficial acts.'