I am a retired attorney whose primary practice was not litigation but issue advocacy in the public sphere. I am writing to you in your specific capacity as the Supreme Court justice assigned to oversight of the District of Columbia Circuit, on behalf of a great many fellow Americans who share a sense of outrage and horror at the treatment of those who have been arrested and imprisoned in connection with the events of Jan. 6, 2021, in Washington, D.C., and at the gross and blatant abuse of power being wielded against them by both the Executive and Legislative branches of our government under the control of the Democratic Party, abetted and facilitated by ideologically aligned key leaders of the Republican Party, the established corporate news media and the newly monopolistic giants of the social media.
To those of us who grew up with a deep appreciation for, and pride in, the legendary implicit fairness of our nation’s constitution and culture – confident because of past experience that justice would ultimately prevail in all social conflicts and controversies because of a shared commitment by our leaders to the rule of law and objective truth – the current state of our politics and our popular culture seem distressingly surreal, a nightmare of lawlessness and insanity.
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Those of us who get our news outside of the mainstream sources (which typically censor or misrepresent these things to serve the narratives of the conspirators) watch incredulously as one after another whistleblower steps forward with shocking testimony of ideologically driven/protected moral corruption and criminality at the highest levels of government, expecting each time that there will be an accounting, a consequence for the culprits and a re-affirmation of our foundational cherished ethics and ideals by “responsible adults” who bravely put virtue and principle ahead of political expedience and fear of retaliation. We are instead sickened to learn that those same institutions tasked with investigating and enforcing the law – our Department of Justice and FBI, for example – harbor and empower the most aggressive and destructive malefactors.
To whom can the people turn in this season of “government by organized crime” that has usurped our right to delegate power to whom WE see fit, by rigging our ballot tabulators like Atlantic City slot machines and stacking our swing-state judiciaries with partisan hacks whose allegiance is not to the law but to Don Corleone? Could our constitutionalist “deliverer” be you, Justice Roberts? We hope against hope that you are, even as we wonder why you did not allow the 2020 election fraud to be exposed in open court on the merits of the cases. Many conservatives are so frustrated and angry these days that they will sternly berate me for merely giving you the benefit of doubt that you were complicit in that coup.
To my knowledge there is no specific matter before you at this time that might restrict your freedom to investigate the J6 conspiracy beyond whatever boundaries of “trusted sources” you may be hedged within by those with a vested interest in hiding it. And so I offer you one single source that you may use to test whether you are getting the truth, the whole truth and nothing but the truth about the “J6 insurrection”: It is an exceptionally well-reasoned and video-documented report by Revolver News on the questions of corruption in the prosecution of the “J6” defendants and the possible orchestration of the Capitol breach by agents of the government. You may find it here.
I confess that even as an attorney I do not know the limitations of your power to take action against what I hope you will agree with me after investigation is an existential threat to our republic. (I suspect there are arcane corners of the law that are not part of legal training these days.) Nor do I know what powers you possess outside the scope of your office. But I do know that in the genius of the Founders they intended the seat you hold in the Judicial branch to be – above all other things – a check on the other two branches for the preservation of the republic, meaning that your moral duty is higher than your official job description. I thus implore you to rise to the role of the “responsible adult” who works to end this national disgrace by any available means, and at the very least to investigate for yourself and publicly take “judicial notice” of the hard facts of our present reality, before all trust in our government is lost.
As a pastor, I know that the only true deliverer for America is the same Jesus Christ who was once openly honored by the court you lead. I frequently draw attention to the case of Church of the Holy Trinity v. United States (1892) for the court’s own refreshing summary of America’s defining Christian history and its inseparability from our law and culture. Reportedly, you are a Roman Catholic whose own faith should align much closer to that of the Founders than to those abusing power today to serve contrary ends. You know that corporately as a nation we must give an accounting for the sin we have allowed to flourish in this land: the tens of millions of unborn children we’ve sacrificed and the intentional defilement through perversion of the innocence of those allowed to be born – on the altar of “sexual freedom.” But you also know that true repentance can spare us the consequences we otherwise fully deserve. In that context, you hold a unique place of responsibility and opportunity – an Esther as against a Haman – at a comparably critical point in time. I ask you to take “judicial notice” of that as well, in respect to the ultimate high court of the law above the law.
Pastor Scott Lively, J.D., Th.D.
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