Who can honestly maintain that currently in the United States there is “Liberty and Justice for All?” If there is, it’s meted out differently for different folks. The “rule of law” has been attacked, amended, and re-defined by so many that no one any longer knows exactly what it is, what it means, and how it should function.
The U.S. was established by a bunch of vagabonds who had for generations experienced the horrors and oppression of multi-layered justice in Europe that was never fair, never consistent, and certainly never equal. That ‘injustice” resulted in the establishment of a set of laws in this New World that would obliterate the evil system of justice that always favored one group over another, put one person ahead of someone else, and was always determined by those “other” than rank-and-file citizens who were not quite worthy of the same justice. Equal justice was in no way equal.
We are seeing the evil of that system creep back into this New World. It is tearing at the very fabric of our country. Americans are in large part ignoring its power to quickly obliterate the founding principles that gave early Americans promise of equality under the Law. Many do not even acknowledge this “New” justice system’s existence. Generations of American patriots fought and died to protect and preserve the founders Justice System. Yet today it is in danger of destruction — not by foreign tyrants or evil nations, but by its own leaders.
In Europe, class warfare was not even real warfare. Commoners only value was for their service to the ruling class. Laws existed at the whims of elitists. There was NO justice.
In the U.S., 2.5 centuries after becoming a nation whose cornerstone is the guarantee of “liberty and justice for all,” we watch as a ruling class has evolved into the American elitists moving to replicate European justice which American settlers fled. In the U.S., criminal justice has become a from top to bottom a system that favors those with social, economic, and political status, while punishing those who find themselves (most often by their own illegal actions) caught in a ever-growing whirlwind of “social” justice — a justice process/system eerily similar to that of 1600’s Europe.
Because certain populations are forced into positions of social inequality just like those Americans lived through in Europe, crime becomes more common within those populations. “Most inmates are minority men under age 40 ‘whose economic opportunities have suffered the most over the last 30 or 40 years. Incarceration in the United States is socially concentrated among very disadvantaged people,’” says U.S. News & World Report. In the United States, the people most likely to commit crimes are “people without education, jobs, housing, or hope,” U.S. News explains. This is further complicated by the fact that people from disadvantaged populations are frequently given harsher sentences than those from dominant populations for the same crimes.
Think about this: Retainers for felony crime cases start around $5,000-$10,000 but can be $25,000 or more for serious cases. Private criminal legal representation is literally out of reach and unattainable for most who fall into average working family category or below. Because of the high cost of securing “better” or “best” legal representation in such cases, public defense is most often the only option.
Public defense is not in itself necessarily bad or of poor quality. But many who serve in this capacity are just beginning a criminal defense career or are assigned a certain percentage of indigent cases they are required to work. Volume of cases and low public defense budgets obviously waters down capabilities of providing “better” or “best” defense for those charged who lack sufficient financial resources to obtain private representation.
It is not uncommon for a criminal case in which a defendant who has a criminal record and who is subsequently charged with one or more felonies to face a $100,000 defense bill if able to retain a private criminal attorney. There is very little hope for a person of average or below income to find defense other than through public defender representation.
Multiple offenders — no matter the seriousness of previous crimes — suffer disproportionately in the criminal justice system, simply because of their past brushes with the Law. Inmates and ex-convicts are, themselves, a disadvantaged population. Once a person has a criminal record, it’s easy for potential employers to access that information on the internet and deny jobs because of it, says U.S. News. This makes it difficult for those who have criminal records to find jobs that pay enough.
Seldom does the American media highlight criminal cases of those Americans caught-up in the justice system that because they are at social and economic disadvantage are forced into the Public defense system where they often get lost and certainly struggle for fairness. To the media, high profile cases that involve well-known public figures are “Newsworthy” and therefore capture newspaper and television coverage. Hollywood actors and directors, sports superstars, and music industry popstars have all the money necessary to assure great criminal defense while most members of minority communities who find themselves on the wrong side of the law get lost in the system where their stories seldom get told.
Yes, a new segment of the Justice System has evovled. It is for those who are members of the United States Political System. Even though constitutionally all those in this system were chosen from among their fellow citizens to be public servants, those within that system have turned it into a “super” class of Americans that in many cases have been — and are — above the Law. Sadly, we Americans are the ones who allowed members of this class to create and perpetrate its existence.
It’s not fair: nothing in it was envisioned by the nation’s founders. It is exactly what they hated and is exactly why in large part they fled Europe. Early Americans knew that no nation that is NOT fair to all its people without regard to race, religion, or place of origin can ever last. And no such nation can guarantee its citizens true freedom under the law. Why?
Those in that political class were authorized by the Constitution to craft laws to govern our lives. Founders knew times would change and those changes would demand adjustments in those laws. But they knew the basics of liberty and justice for all, the rule of law, one person-one vote, fair taxation, and private property rights were and would always be essential for the preservation of the U.S. Justice System. The American political class has stood watch while much of those tenets of Freedom have been purposely eroded, only to be replaced by Political Justice.
Here’s the rub about this new segment of the American justice system: everyday Americans do not determine who is part of that system and who makes the rules about which laws to keep, which to abolish, and which new laws to implement. The elitists do that for all Americans.
Consitutionally, that is to be decided by American voters who choose through elections 535 representatives to serve in Congress along with a President and Vice President who — with the advice and consent of Congress — implement and enforce the laws passed by Congress. But that process exists no more.
We watch as mayors, governors, members of the U.S. House of Representatives, the U.S. Senate, and even former Presidents thumb their noses at duly passed laws and simply do not enforce those laws with which they personally disagree. Examples: federal drug laws, U.S. voting laws, and U.S. immigration laws.
And then these same political elitists installed a system WITHIN the Constitutional system that allows NEW policies (which often circumvent old laws) that are implemented with the stroke of the pen of a governor or the President of the United States. These are called “executive orders.”
Of course such a system operated by a chosen few was destined to become corrupt. It creates two different classes of people. It favors one class over another: the very definition of political corruption.
Examples of this corruption abound, and we will not even begin to list them all. But there are several current examples that vividly illustrate the class disparity within this system that beg for discussion. We have discussed them in detail previously. Look at some of these in bullet point format:
- James Comey when fired released FBI memos to the press through a friend. Those memos were classified. Comey’s release of them was a felony;
- Comey lied several times before Congress. While doing so is NOT a felony, it is a type of Obstruction of Justice which could be classified as a felony;
- Hillary Clinton authorized destruction of at least 30,000 emails which some of contained classified information, but ALL of were under subpoena by Congress;
- The Clinton email server was never approved as secure by federal authorities. Use of that server for transmission of documents and communication — much of which was classified — is a felony;
- President Obama with a private gmail address communicated with Hillary via that unsecure server for years. Doing so was a felony violation for both Clinton and Obama, for ALL communications by any U.S. president are “classified;”
- President Trump’s former campaign manager Paul Manaforte was tried for 13 year-old tax violations in an effort to coerce his flipping to Mueller about Trump wrongdoing. Manafort DID break the law. But the DOJ had (under Rosenstein) looked at those violations by Manaforte years earlier and declined to prosecute. Mueller’s prosecution was for purely political purposes;
- Mueller appears to be trying to tie Trump’s payoffs to two women to campaign finance lawbreaking — efforts by Trump to impede the 2016 election results in his favor, which IS\\would be a violation. Campaign laws allow personal expense for personal reasons by candidates which are not for campaign reasons. However, Hillary’s campaign paid (through a law firm, which in itself could be ruled money laundering) for the Steele Dossier that was fabricated and had no factual basis. Her campaign obviously funded that for the express purpose of impacting the election against her opponent. Unlike Trump, there is NO possible personal reason Hillary could give for her doing so. No action pending against the Clinton Campaign for doing so.
We could list hundreds of examples of this two-tiered political justice system now raging in America. We could list hundreds of examples of this two-tiered criminal justice system in America as well. I will not bore you or insult your integrity by doing so. Americans see it and understand it. But here’s the problem:
“IF” Americans see and understand these two systems are in place; and “IF” Americans knowing they exist, who crafted and implemented both and why they were put in place; and “IF” Americans knowing all this allow these travesties to continue, the American Justice System is doomed. In fact, it may be too late for America to stop these two systems or change their paths of operation. Too many people have garnered too much power and authority through these systems. And all of that power and authority that will allow their existence is now controlled by a small group of individuals who have the power to perpetuate the status quo.
What can we do?
- Speak out against criminal injustice every time you see it. Write emails, call lawmakers, get active in elections, and involve yourself in the process;
- Vote in every election in which you are eligible. Sadly about 25% of all those eligible to vote determine who represents us at local, state, and federal levels. Why? 75% of Americans simply don’t vote!
- Objectively research laws that govern where you live and U.S. laws. Ignorance of laws does not mean one is stupid. Ignorance of laws and not getting understanding of those laws is stupid;
- Vote with your hands, feet, and wallets. Don’t support those who support the two-justice system: don’t go to movies, concerts, stores, purchase products, watch televisions shows, etc., supported by those who do support the two-justice system. And support those who support the rule of law;
- Consider running for office. You may feel unqualified. But qualification for office does not entail dollars and cents, social status, or wardrobe. Those may make it easier to get attention. But door-to-door and person-to-person is a great way to get involved with lawmaking. Don’t disqualify yourself without consideration!
This is NOT a country founded to be like this. And this country does NOT belong to a group of elitists who have all power and authority to do anything they desire at the cost of the American people. But if Americans sit idly by oblivious to what is happening around them, doing that is support — albeit benign support — of the very evil this discussion is about.
None of us like being disliked or despised. Those might result from taking action. But what is certain is that all who ignore real disatrious historical events are doomed to see them occur again.
We must never give-in to those already strong and already moving to do away with “Liberty and Justice for all.”