No Man is Above the Law. Justice Without Fear or Favor. “Equal Justice Under Law,” is what is inscribed above the entrance to the Supreme Court.
Alas, these clichés can be thrown onto the ash heap of myths that are really only fantasy, along with American Dream, American Exceptionalism and the biggest lie of all: one person, one vote.
What we see all around is the ability for the wealthy, the powerful and the connected to evade justice.
One way is by simply affording a battery of top lawyers which poor people, dependent upon funds-strapped public defenders, cannot, so are pressured to accept plea deals even if they are innocent and then branded for the rest of their lives, while wealthy people can have their arrest record expunged, or excuse their crime as the result of “Affluenza,” as Texas teenager Ethan Couch, did despite driving drunk without a license and killing four and injuring nine people.
On the other hand, when 16-year old Cyntoia Brown, killed the pimp who kept her as a sex slave after he beat her, she was tried as an adult and sentenced to life without parole.
If Paul Manafort, accused of 12 counts including money laundering millions of dollars, were a poor black teenager, he would be in jail for weeks, even months, instead of comfortably ensconced in one of his multi-million dollar homes (and that’s only because of the strong argument that he has the money, means and foreign ties to make him a flight risk – otherwise he would be out and about).
How different from Kalief Browder, a Bronx teenager held at Rikers Island for three years without ever being convicted including 400 days in solitary confinement, was so damaged the 22-year old committed suicide when he was finally released.
Or the thousands of people held in jail because they can’t afford bail, losing their job, home, family.
Ivanka Trump and Don Jr. get waved aside for defrauding buyers in their Soho coop after their lawyer makes a hefty contribution to D.A. Cy Vance’s election campaign, but Eric Garner gets put in a choke hold, thrown to the ground, and suffocated to death for selling loose cigarettes on a Staten Island street.
That’s called a “quality of life” crime and it apparently is a capital offense.
So is an innocuous traffic violation: Sandra Bland, a 28-year-old black woman, was arrested during a traffic stop and found hanging in a jail cell in Waller County, Texas, three days later.
The nation’s personification of the Rule of Law, AG Sessions, has stopped prosecuting hate crimes, enforcing consent decrees against police brutality, systemic discrimination in sentencing and prosecution, voter suppression, and domestic terrorism; authorizes Gestapo-like tactics to round up undocumented immigrants without due process and the relaunch the “war on drugs” as a pretext for heavy-handed policing.
Nowadays, the wealth in the justice system is also related to threatening lawsuits to anyone who dares bring a complaint, such as sexual assault (Trump, Roy Moore), or literally buying up the Fourth Estate so that the press is no longer free and no longer the watchdog against abuses of power (Sheldon Adelson, Rupert Murdoch, TD Ameritrade founder Joe Ricketts).
Latest: Koch Brothers’ investment arm providing $650 million toward $2.8 billion acquisition of Time Inc. Won’t have effect on editorial? Well, the big donors to PBS used its weight to prevent the documentary, “Citizen Koch” from being televised.
Here are just some of the many ways the justice system and Rule of Law is being overturned:
Obstruction of justice: Trump has not only dismissed the federal prosecutors like Preet Bharara who were investigating Trump’s dubious financial dealings including money laundering for Russian oligarchs, but is now personally interviewing candidates in the regions where Trump has business investments.
This follows his dismissal of James Comey as FBI director for failing to give his oath of loyalty and ending the investigation into Michael Flynn and Russian meddling into the 2016 election.
His pardon of Sheriff Arpaio and support for Roy Moore, twice removed as Alabama’s Supreme Court justice for violating Supreme Court rulings, sends a message that the Rule of Law is fungible.
Politicizing justice: The pressure from Trump to get Sessions’ DoJ to launch a special counsel investigation into Hillary Clinton and the Uranium One deal and (yet again) her emails (ironic considering Jared Kushner, Ivanka Trump, Steve Bannon were all found to use private emails in the White House), is a Banana-Republic move against a political opponent.
As Sally Yates (who exposed Michael Flynn and was fired as Acting Attorney General by Trump for refusing to enforce his unconstitutional Travel Ban), the Justice Department isn’t there to “go after his enemies and protect his friends.”
Stacking courts with political hacks: Trump has a flurry of judicial nominees who are political and ideological hacks, enabled by the way Republican Senate Majority Leader Mitch McConnell has abused his power in the first instance to withhold the confirmation process for Obama’s Supreme Court nominee to keep the seat open for a political ally (Neil Gorsuch) and using a blue slip system to block Obama nominees.
But now, Judiciary Chairman Charles Grassley plans to eliminate the “blue slip” in order to pave the way for Trump’s nominees. Yet four of Trump’s nominees – an unprecedented number – have been designated as “Unqualified” by the American Bar Association.
Controlling the press/defanging the Fourth Estate: the role of a free press is to serve as a watchdog on those in power, especially the government. Trump has waged an actual de-legitimizing campaign, calling every story and every media organization which raises questions about his governance and his administration as “fake news”, actually threatening to take away a broadcast license, and now, sending his DoJ to challenge a merger between AT&T and Time Warner (for the first time since Nixon) not because it is monopolistic, but to force Time Warner to shed CNN, the object of a Trump vendetta.
And yet, the Trump Administration’s FCC, under Ajit Pai, a former Verizon executive, has no problem with the merger of ultra-conservative Sinclair Broadcast Group with Tribune Media which would reach 72 percent of American homes.
This follows Pai’s determination to overturn net neutrality, which is designed to give a level playing field across the now ubiquitous and essential cyberspace.
Just this week, James O’Keefe, whose scams have brought down Acorn and Planned Parenthood, through his Project Veritas, tried to scam the Washington Post in order to bolster Roy Moore. O’Keefe should be prosecuted for industrial sabotage and fraud – no different than poisoning a Tylenol bottle.
But a politicized DoJ under Sessions won’t prosecute.
On the other hand, a West Virginia reporter was arrested simply for shouting out a question about health care at (then) HHS Secretary Tom Price and a Code Pink activist was arrested, prosecuted and tried for giggling during Jeff Sessions’ confirmation hearing.
Discrimination in sentencing: African-American men serve prison sentences that average almost 20 percent longer than those served by white men for similar crimes, according to a study by the U.S. Sentencing Commission.
There has a consequence for voting rights as well, with as many as 6 million blacks (one in 13) disenfranchised because of a prison record.
Raise your hand if you believe Jared Kushner will ever go to jail for lying to Congress and federal agent, conspiracy, treason, dealing with sanctioned Russian banks and oligarchs, and obstruction of justice?
Can you imagine what would happen if instead of Don Jr., it was Chelsea Clinton who met with the Russians?
But as long as you can imagine a different result depending upon who is president, judge, prosecutor or defendant, or which party is in control of Congress, there is no “Rule of Law” or equal justice.