The rule of law’s importance has been bandied about greatly in recent weeks due to the jury convictions of Donald Trump and Hunter Biden. Its principles played into initiating America’s Declaration of Independence, the founding of our country, and the writing of the Constitution and subsequent adoption of the Bill of Rights.
In 1776 Thomas Payne published a political pamphlet called “Common Sense” that advocated the colonies could free themselves from royal tyranny; and that an independent nation should be established where people could fairly govern themselves. He wrote, “…in America, the law is King. For as in absolute governments the King is law, so in free countries, the law ought to be King; and there ought to be no other.”
From those early declarations, a great, but imperfect nation was born. One that holds that all men (and women too) were created equally and that no one is above the law under America’s system of justice.
Having spent over 40 years working within the legal system, and considering America’s judicial history, it’s clear justice hasn’t always been applied equally throughout the United States; race, poverty, sex, and other distinctions have impacted how justice has been dispensed in America. White, male, landowners wrote our country’s founding documents when other societal factions were not considered equal.
Despite the inequities that existed when America was created, we have evolved into a nation where all humans are considered equal, and where no one is above the law. Poverty and race can still play a part in whether people receive equal justice, but the fundamental concepts of equality and accountability are part and parcel norms in today’s system of American justice.
Another bulwark against the imposition of arbitrary power by the government has been the right to trial by a jury of one’s peers. Jury trials were held for Donald Trump and Hunter Biden, two men who came from backgrounds of privilege. Both men were also originally indicted by citizens serving on grand juries.
The rule of law requires an impartial, independent judiciary; a presumption of innocence; fair trials with the right to juries; equal punishment regardless of your economic status; and, an independent legal profession. Donald Trump and Hunter Biden had all of these benefits and the economic resources needed to fully defend the legal charges brought against them. Juries of their peers were selected by impartial courts and their counsel in jurisdictions where they committed their crimes, and both were convicted because of overwhelming evidence.
There has been a striking difference in the reaction to these verdicts from the parties and their supporters. Trump and his sycophants have railed against the New York verdict and derided the court system with no evidence other than the fact a prosecution and conviction occurred. The former president publicly proclaims his innocence, but he did not take the stand to testify regarding his alleged clean hands conduct (for damn good reason). It’s legally risky to testify when you have spent your entire life perfecting the art of lying.
Isolated examples of Republicans, like former Maryland Governor Larry Hogan, have said the court system and jury verdict should be respected, but they have come under withering MAGA fire for having an ethical backbone. A long line of Trump cronies preceded him in being convicted for criminal actions they engaged in on behalf of this amoral man. Trump led these criminals and unethically pardoned most of them while he was President.
In contrast, Hunter Biden is a troubled figure who fought the demon of addiction, having apparently regained control of his life. Starting with the childhood tragedy of losing his mother and sister, his life hasn’t been easy. That’s no excuse for his actions regarding the illegal purchase of a firearm and his alleged tax infractions, but you don’t hear the President of the United States or Hunter railing that an unjust system persecuted and convicted him.
Father Joe Biden has said he loves his son, but that he also respects the legal system and will not pardon Hunter. Some contend the charges against Hunter Biden have been over-
prosecuted for political reasons, but the President respects the rule of law and said he will not abuse his power. That could never be said of Donald Trump who repeatedly violated ethics in his use of pardons, and is already threatening groundless retribution if he were to regain the presidency.
Trump’s second Chief of Staff, John Kelly, said the following regarding Trump’s fitness to ever again serve as president: “A person that has nothing but contempt for our democratic institutions, our Constitution, and the rule of law. There is nothing more that can be said. God help us.”
(1) comment
There has been no rule of law since the Clinton's got away with everything from insider trading to
Illegally firing the workers in the travel office for political reasons, to Whitewater, to sexual assaults, to renting the Lincoln bedroom, to Sandy Berger stealing files.....actually too many
Scandals to remember. And then Obama who set the IRS on Republicans and the Justice Department on reporters....and the entire machine on the Trump campaign. Yet nobody was charged and nobody was punished. The precedence has now been set and Trump will be well within his rights to finally get us some justice.
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