In March 2020, crusty Sen. Chuck Schumer, the New York Democrat, stood on the steps of the U.S. Supreme Court Building at a pro-abortion rally and threatened the lives of two Supreme Court justices if they dared change abortion law in the U.S.
"You have released the whirlwind, and you will pay the price," Schumer thundered before the pro-abortion crowd, in what appeared in retrospect to be an insurrection-y comment against part of the government. But it got worse.
Schumer name-checked two justices who had recently been appointed to the bench by Donald Trump.
“I want to tell you, Gorsuch! I want to tell you, Kavanaugh!" Schumer screeched. Upping the ante of his rhetoric before the angry crowd—on the steps of the Supreme Court Building—he blustered, "You won’t know what hit you if you go forward with these awful decisions."
States were challenging Roe v. Wade, the existing federal abortion law, and the cases were making their way to the Supreme Court. Schumer issued the threat as a way to extort his and his supporters' preordained decision. And everyone got the message. Loudly. Clearly. Would Schumer get away with this obvious threat over the Supreme Court giving America the "wrong" answer on abortion?
When I hear the name Chuck Schumer, “bipartisanship” does not come to mind:
— Carrie Severino (@JCNSeverino) November 13, 2024
“I want to tell you, Gorsuch. I want to tell you, Kavanaugh. You have released the whirlwind, and you will pay the price. You won’t know what hit you if you go forward with these awful decisions.” https://t.co/SxzxR3HB27 pic.twitter.com/nnGz2aP5tb
The Democrat leader's comments were so pernicious and outrageous that Chief Justice John Roberts issued a rare public rebuke, presciently calling them “inappropriate” and “dangerous.” But though Schumer has tried to walk them back in the well of the Senate, he has refused to apologize for his remarks.
Indeed, Schumer's actions in effect gave political cover to the bad actors on his side of the political aisle and set the stage for even worse things to come. The governmental norms of civility were tossed out. Abortion was more important than the safety of the court.
On May 2, 2022, an allegedly "unknown" worker at the U.S. Supreme Court leaked the draft copy of the Dobbs majority opinion through the USAID paid-for Politico website. The decision carefully explained why abortion was an issue for states and not a federal right, not that any pro aborts gave a rip that the federal abortion "rights" in the U.S. were built on lies without a constitutional basis. Even Ruth Bader Ginsburg thought so.
But, pro abortion harpies posted the home addresses of all the justices on May 4, 2022. The made-up group "Ruth Sent Us" announced protests in front of the justices' homes scheduled for a week later. But Schumer never apologized. However, now he may be held criminally liable for those threats.
On May 17, 2021, the Supreme Court granted certiorari in Dobbs v. Jackson Women's Health Organization.
On June 8, 2022, an assassin, armed with a gun, a knife, and a "hit list," was arrested near Justice Kavanaugh's home. Indeed, "you won’t know what hit you if you go forward with these awful decisions" were the words left hanging in the air after the assassin's arrest.
And Schumer still refused to apologize and disavow his heinous threats.
... the Senate passed legislation very quickly to deal with the Supreme Court and I'm very glad the perpetrator was caught.”
— Manu Raju (@mkraju) June 22, 2022
Didn't address his comment
Until now, Schumer has never been held to account for his attack on another branch of government. But something happened in the past couple of days that has put the insurrection-y senator back on his heels.
The new U.S. attorney in Washington, D.C., Ed Martin, has sent Schumer a lawyer letter asking him to answer his questions about the Senate leader's "serious threats against public officials." Martin's probe will look into whether Schumer violated laws against issuing threats or intimidation against judges and other public officials. Oops.
And here are some of the highlights of the lawyer letter:
Your comments were at a private rally off the campus of the U.S. Capitol.
You made them clearly and in a way that many found threatening.
Your exact words were: “I want to tell you Gorsuch. I want to tell you Kavanaugh. You have released the whirlwind and you will pay the price. You won’t know what hit you if you go forward with these awful decisions.”
We take threats against public officials very seriously.
I look forward to your cooperation…
The words are instructive. If Chuck Schumer had made his threats against Justices Brett Kavanaugh and Neil Gorsuch in the well of the U.S. Senate chambers—an official proceeding—he'd still have been wrong and might have inspired an assassination attempt, but they might have been legally defensible under the Speech and Debate Clause.
That's not what is being alleged here. Furthermore, this may not be an old issue, beyond the statute of limitations. It may still be a live issue.
Chuck, lawyer up.
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