Democracy first

 IN A move that many Filipinos may see as surprising, the United States Supreme Court rejected Donald Trump’s appeal that his official papers be protected from the prying eyes of the US House of Representatives, on the basis of “executive privilege.”

Executive Privilege is a legal principle that generally shields the papers, notes, even taped conversations of Presidents from the prying eyes of everyone else, with some exceptions. It is granted to the President so that anyone and everyone dealing with him on matters of state are free to say what they wish to say without any legal ramifications, thus allowing for a more robust discussion of matters at hand.

But it is not absolute, as Richard Nixon found out in 1974 when he was battling the prospect of impeachment before a House of Representatives that was in fact controlled by his Republican Party. The House committee investigating the break-in at the headquarters of the Democratic Party in the Watergate complex of Washington DC had issued subpoenas for documents as well as tapes of conversations in the Oval Office, which Nixon refused to comply with, citing “executive privilege.” The issue had to go to the courts.

Eventually, the US Supreme Court rejected Nixon’s defense and decreed that he had to comply. Instead of doing so, Nixon resigned the office in August of that year, becoming the first and only US president in history to do so.

This time, the House is controlled by the Democrats, the party of incumbent President Joe Biden. The House is investigating the January 6, 2021 assault on the US Congress building (the Capitol) by Trump supporters who were out to prevent the proclamation of Biden as the winner of the November 2020 elections. It was the bloodiest and most serious attack on the Capitol since, I think, August of 1814, when the British burned not only the Capitol but the White House as well.

Of course, the British were an invading, foreign force. The assaulting “force” on January 6 were American citizens who had voted for Trump, who believed he had won, and who had been encouraged by Trump as well to “be brave” and to win back the country that was being stolen from them. And winning back the country meant stopping the proclamation and even “hanging” Trump’s own Vice President, Mike Pence, whose job it was to declare Biden the president-elect.

“Stop the Steal” was the name of the rally held in front of the White House that day.

So it was in many ways not surprising that an inquiry would be launched about the January 6 assault, made to look partisan (or even more so) by the refusal of almost all House Republicans from participating. In keeping with the political and legal processes in the US, when the House could not by its own powers get a party to comply with its orders, it turns to the courts. And so whenever a Trump associate or Cabinet member would be subpoenaed to appear and the latter would refuse, the House committee would turn to a court to issue an order.

Which is what it did with Donald Trump’s papers, because Trump, not surprisingly, refused to comply.

First, in November of 2021, it was a Federal District Court judge who ordered Trump to comply with the subpoena. Reports noted that she was “a Democratic appointee.” Her ruling not surprisingly was appealed to a federal appeals court, which decided on January 6 by a vote of 3-0 to order Trump to comply. Again, reports noted that the three judges on the panel of the US Court of Appeals for the District of Columbia were all “Democratic appointees.”

Naturally, the ruling was again appealed, this time to the US Supreme Court.

SCOTUS, as the highest US court is fondly called, consists of nine justices who have a lifetime tenure. As of today, six of the nine are conservative justices who were appointed by Republican presidents – and three of those six are Trump appointees. The remaining three make up the so-called “liberal wing” and are appointees of past Democratic presidents. From the looks of it, especially to a Filipino, Trump wins, yes?

It was in some respects democracy that won the other day. SCOTUS refused to overturn the decision of the appellate court that had rejected the “executive privilege” claim made by Trump, thus clearing the way for the House of Representatives to obtain his papers from the National Archives. It was a nearly unanimous decision with only one conservative, Justice Clarence Thomas, issuing a dissent. And for the Court the matter was simple: “executive privilege” is not absolute and can only be claimed by the incumbent President.

Biden waived the privilege over the Trump documents, and that was that.

Ideological position or, worse, partisan feelings, had no part in the very clear stand taken by the highest court.

Most important, it is very clear that to a SCOTUS there is no such thing as “utang na loob.”

How often can this be said in the Philippines? But this is not the first time that justices have ruled against the interests of the Presidents who appointed them, even Presidents still in office, and it is what helps keep the enemies of democracy at bay in the United States. And these enemies abound, not only foreign but even local; in fact, these are trying times for democracy in America because it faces assaults from outside as well as from within – including assaults on the right to vote, the fundamental element in any democracy especially.

For SCOTUS, it is democracy first.

Sanaol.

Personal: Happy birthday Mayor Arnan Panaligan of Calapan, Oriental Mindoro; Councilor Liza Perez Oliveros; Mayor Rex Gatchalian of Valenzuela; Konsehal Mario Diamante of Barangay Parian, Calamba, Laguna; Edna Gubot Palcon mother of @ERIC PALCON; Secretary Joey Balba of Barangay Luyos, Tanauan, Batangas; Kagawad Fabian Anacan of Barangay Ambulong, Tanauan, Batangas; Governor Migz Villafuerte of Camarines Sur;  Meinrado Guerrero; Chyna Ann Nonan; Angelea Febryl Dela Torre; Secretary/Treasurer Eulogio Dela Cruz of Barangay Bulihan, Malolos, Bulacan;  Renato Galima De Peralta brother of Vhel De Peralta Amano; Ricky Hije from @ROSANG MARIA; Jonas Saflor Samson and Joel Samson; Admin Assistant V Jin Abs of Sariaya, Quezon; Ma'am Remelie Abadines Yamballa of Lumban National High School; ma Merly Ancog; Kagawad Reynaldo Toledo of Barangay Palico 1, Imus, Cavite; Councilor Carla Salaveria Valderrama of Siniloan, Laguna; SK Chairman Mandy Tolentino of Barangay Parulan, Plaridel, Bulacan; Kapitan Reynaldo dela Cruz of Barangay Hinukay, Baliwag, Bulacan; Kapitan  Christopher Alvaran of Barangay Poblacion, Baliwag, Bulacan; Punong Barangay Elvis Desabille of Barangay NBBS Proper, Navotas; Doc. Ricardo Garcia; Iluminada Villanueva mother of Virginia Villanueva Bergundo; Mayor Ernie Villas of Bulalacao, Oriental Mindoro; @Dante Castro; Reniel Sobremonte; Trisha Ann Carullo; Nina Emskie Monis; Nor Gie Guerrero; Kagawad Marines Siao of Barangay Poblacion B, Rosario, Batangas;  Dheo Balaquidan; tito jerry butial; mama Eliza Viernes Medrano; Noriel Balano; Kloi Dagoy Cobico; Tita Gatacilo Dimple; konsi Monmon Saloma Cayetano; mama  Roann Jazlen Dela Peña; Thess Verona Ledesma mother of @Bryan Ledesma; Councilor Jose Antonio Lava of Bulakan, Bulacan; Councilor Lorenzo Cabalquinto of Anda, Pangasinan; Paula Samonte; Roderico Teves; Ryan Presko from @JONATHAN FADRI; Tita Zenaida Laysa Porlay

Atty. Mark Gamallo from Casimiro Madarang IV; Kagawad Edna Fernandez Rentoza of Barangay Pinagbuhatan, Pasig; Corporate Secretary Andrew Dominic Gosalvez Pe of AD/HD Society of the Philippines; Matt Jermaine Villajuan of Knights of the Altar; Kapitan Donnie Alvarez of Barangay 3, Calamba, Laguna; Councilor Benedicto Corona of Tanauan, Batangas; Councilor Willy Lapira of Baliwag, Bulacan; Bryan Calda Pagbati; JT Torio; auntie Dominga Corsino; former Barangay Captain Ine Garcia of Barangay Barangca, Baliwag, Bulacan; Kagawad Becca Ocampo of Barangay Barangca, Baliwag, Bulacan; Kagawad Fabian Anacan of Barangay Ambulong, Tanauan, Batangas; Rex Rias; Atess Parafina Marquez; Dadilo Asuncion; Councilor Romeo dela Guardia of Barangay Punta, Calamba, Laguna; Councilor Jose Manaig of Barangay Bubuyan, Calamba, Laguna; SK Kagawad Dianne Aberde of Barangay Malinta, Valenzuela; Councilor Kent Lagasca of San Pedro, Laguna; Rev. Fr. Arvin G. Olivan; papa Popoy Mendoza; Mitchiko Talao mother of Rolando Talao; SK Kagawad Jan-May Bilario of Barangay Talaan Aplaya, Sampaloc, Quezon, Barangay Tanod Arnel Alcantara of Barangay Sampaloc 2, Sampaloc, Quezon; Maria Rosa; Rea Atole Kuya; Helen Lacanilao mother of Mark Lacanilao; tita Abie Sanguyo; Kagawad Monico Macalino of Barangay 110, Caloocan; Kagawad Liza Macabalo; Kagawad Joe Shirakawa and Ex-O Angel Gutierrez of Barangay 37, Caloocan; mama Aryln Reyes; Jennifer Hernandez Gruezo sister of Jhoti Hernandez, Jr; John Mark Miro from Fam Miro; FerdieJanine Dela Paz; tatay Jose Velasco; Jan Lacaocao Manalo brother of Jarrie Lacaocao Manalo; Dabu John Michael from Oliver Cabungcal; Jewel Aliyah Niña Tampus; Darren Fernando son of Richelle Fernando; Nikka Santos; Danee Torres; Ciindeiy Gonida Alicdag; John Jarred Rioferio son of Johanna Batac Rioferio; Benedicto Sanidad; Agapito Pamittan; Bhabes Masangkay; Leo Daboy Razon; Alexis Subaldo; Enrico Quizon; teacher Racquel Reyes, Roxanne Barcelo, Unofficial: Toni G and Troy Rosario; Jaja Santiago from Joseph Astrud Pineda; Rev. Fr. Ernani Carillo; Rev. Msgr. Noe de Luna Loredo; Sis. Michelle Sabejon of El Shaddai Gospel Music Ministry; Raisel Sebial daughter of Ariel Cruz Villarico; Liza Bunyi of Taguig Medical Assistance Office; Michael Borricano; Angelica Jones Alarva; Meg Imperial; Kim-Michael Last; belated happy birthday Anita Baltazar mother of Arsi Baltazar (Jan. 16)