How to Defeat Trump/McGahn/Barr’s Weaponization of the Courts

EDITED: In the video, I mistakenly say that election day is “November 4, 2020.” It is “November 3, 2020.” My apologies for the error.

Trump and his nefarious associates believe they have perfected exploiting the delay in the court system to run out the clock and never be held to account. The fix is not as difficult as you might think.

There’s an abundance of specialized courts created to deal with specific types of cases. For example, there are drug courts, mental health courts, juvenile courts and domestic violence courts. In federal district court in Washington, DC, for example, there is reentry court.

Creating these courts do not require an act of Congress. It simply takes the judicial branch–a co-equal branch of the government–to recognize a particularized need in the criminal justice system and instituting common-sense rule changes to address the need.

If there was ever a need to address a deficiency, it is in the way nefarious actors exploit the delay inherent in the system. DC federal district court can easily remedy this weakness by creating an Inter-Branch Dispute Court (IBDC). When legal disputes erupt between the executive and legislative branches, like the need to enforce the House of Representatives’ subpoena for Don McGahn’s testimony in the impeachment inquiry, the IBDC can give the parties 72 hours to file their briefs, another 72 hours to present their oral arguments and the court decision would be entered within 72 hours of the conclusion of those arguments. The appeals court can follow the same 72/72/72 time table. Justice can be done in a matter of weeks, as opposed to the Trumps and McGahns of the world delay justice for months or years.

This common sense approach to fixing a proceduraly broken judiciary is a must for the health of our democracy.

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