Equal Justice Under the Law: Two Sets That are NOT Equal

This story comes as a direct result of the story and podcast published yesterday, February 20, 2020, that was centered around the bold actions of three U.S. Senators along with former Secretary of State John Kerry. Those three plus Kerry took it upon themselves to go to a meeting in Europe to meet privately with the Foreign Minister of Iran to discuss matters in regards to relations between Iran and the United States.

That seems benign on its face. After all, Sen. Menendez (D-NJ), Sen. Van Hollen (D-DE) and Sen. Murphy (D-CT) currently serve in the “senior” chamber of Congress, the U.S. Senate. And Congress has oversight of the Executive Branch of government, which includes foreign relations.

We introduced our partners to the Logan Act — a law passed by Congress to protect the U.S. from politicians and others who decide on their own to interact with officials of other countries on governmental matters between the U.S. and those countries. Congress felt people in doing so would make a dangerous impact on U.S. foreign policy matters with those countries and could be egregiously damaged by those other than government officials who are expressly authorized to conduct such meetings. 

Not only did these three Senators and Kerry make this trip and meet with Iran’s foreign minister without permission of the State Department, but they also did so without the knowledge of anyone in the Administration.

In a FOX News interview, Kerry responded to charges of his violation of the Logan Act by first laughing and then saying, “I haven’t violated any law. I never negotiated with ANYONE.”

The Logan Act never lists “negotiating” as a violation of the law. It states that meeting with those foreign leaders “regarding matters having to do with anything between the U.S. and that other country” is a violation.

When our TNN partners were told of those actions in light of the Logan Act, over 100,000 expressed their anger and dismay! Email after email expressed horror and disgust for Van Hollen, Murphy, Menendez doing so. And there was almost hatred from many for John Kerry’s involvement. He’s not even in the government!

Those emails each very clearly stated that this is happening because there is no fear of prosecution for those crimes. Why is that? Americans feel there is a two-tiered Justice System in the U.S. today: one for regular Americans and one for the political elite that contains separate rules, regulations, and laws that apply only to those elites. And, obviously, those elites are held to a much easier and forgiving justice than are we.

Equal Justice Under the Law: Really!

The U.S. is comprised mostly of lawful, red-blooded Americans who love the red, white, and blue, often get choked up singing the “Star Bangled Banner,” and get a tear in their eye when hearing taps played while the caskets of soldiers are taken off a plane returning home after dying for their nation overseas.

Most Americans are proud to be Americans. And most Americans feel blessed to live in the greatest country on the planet. Most Americans feel one of the reasons for this country’s greatness is the structure of and fairness in the American Justice System. It guarantees us all “Equal Justice under the Law.” Laws are laws, and lawbreakers are considered innocent unless and until they are adjudicated to be guilty by a jury of their peers in a courtroom.

Those are the characteristics of our country that, for a couple of centuries, we just assumed are in place and always will be to protect us all. But that assurance is wavering.

Many Americans see things play out that dispute that eternal guarantee of equal justice. What fuels those disputes is illustrated best by what many have concluded is corruption in our government. Nowhere else is that corruption better represented than a justice system that appears to no longer be a system of justice that is fair and equal for all.

Two sets of rules under the law are called “duplicity:” contradictory doubleness of thought, speech, or action. Federal laws are written and presented to be implemented equally for everyone. Their enforcement sadly is no longer equal.

Equal Justice?

♦♦ In 2018, Justice Department Inspector General Michael Horowitz issued a criminal referral to the U.S. Attorney’s Office in D.C. related to fired FBI Deputy Director Andrew McCabe.

Horowitz issued a scathing report of McCabe’s conduct at the FBI, alleging that he authorized a leak to the media to “advance his personal interests” and then misled internal investigators and fired FBI Director James Comey about the matter.

Lying to federal investigators is a federal crime, and the report was seen by some analysts as a roadmap for federal charges against McCabe. Surely McCabe would be prosecuted. However, in February of 2020, almost two years later, the Department of Justice gave notice they will NOT prosecute McCabe for the criminal wrongdoing revealed in Inspector Horowitz’s referral.

♦♦ Former National Security Adviser Michael Flynn was charged with lying to FBI agents on January 24, 2017. The substance of Flynn’s statements made to FBI agents: he denied asking a Russian Ambassador to come to the United States and denied asking that Ambassador to request Russia to delay making their vote in the U.N. Security Council on a specific issue. Flynn plead guilty on both charges as part of a plea deal. However, Flynn’s lawyer has stated Flynn is asking to withdraw his guilty plea. The resolution is pending.

♦♦ Trump Associate Roger Stone was charged with seven counts. The seven counts against Stone include one count of obstruction of an official proceeding, five counts of false statements — including lying to Congress — and one count of witness tampering in special counsel Robert Mueller’s probe into possible collusion between Russia and the Trump campaign during the 2016 presidential election. Stone was sentenced to 34 months in jail. A decision on a possible new trial is pending.

♦♦ George Papadopoulos, a Trump campaign adviser, was charged and subsequently plead guilty to lying to the FBI as part of the Mueller investigation into Trump campaign wrongdoing. Papadopoulos plead guilty and served six weeks in jail.

There were others who were charged, several of which have plead to charges against them. However, none but those above were charged with anything that involved Donald Trump or his campaign. Paul Manaforte and his associate Rick Gates were charged and convicted for a host of actions taken before the Trump Campaign even began and involved nothing to do with the election or Mr. Trump.

Americans expect those — ALL those — who break the laws of the U.S. should face prosecution for their illegal actions. (That includes those who enter the nation illegally as illegal immigrants.) Those same Americans are aghast that any of those who break laws are allowed to skate with no accountability and are never charged for their crimes.

The reality of a “Deep State” with extremely intrusive political power is confirmed over and over as many politically connected Americans actually commit illegal actions for which they are never prosecuted. Each is an example of a two-tiered justice system: one that’s good for politically connected people and a second-tier applicable only for the rest of Americans — those who are NOT connected to VIP’s.

The actions of the Robert Mueller team proved that system exists. Recent actions confirm its existence but confirm that this “New” justice system is deeper and far wider than was first thought.

DOJ “Anti-Trump” Operatives Who Colluded to “Dump Trump”

Who will ever forget these:

  • Former FBI Director James Comey
  • DNI Director James Clapper
  • CIA Director John Brennan
  • Bruce and Nelli Ohr
  • Lisa Page
  • Peter Strozk
  • Susan Rice
  • The Impeachment Whistleblower
  • Christopher Steele
  • Glen Simpson
  • Hillary Clinton
  • Uma Abedin

Each of these worked in the Department of Justice, FBI, the White House or were involved directly with the Clinton Campaign during the 2016 election cycle regarding how to make certain Donald Trump did NOT win. Each of these have been implicated with “reasonable” evidence of illegal activity far more serious than was the basis used to take-down Michael Flynn, Roger Stone, and George Papadopoulos. Don’t forget: Inspector General Horowitz in his criminal referral to the DOJ of Andrew McCabe included a significant basis for McCabe’s prosecution.

The anger from Americans for all of the above is headed toward all-out rage. This comes exclusively because there is no explanation offered by the DOJ or any other agency for none of these — NONE — being prosecuted when their crimes are front-and-center in the faces of all Americans!

Summary

We’ve tried to be generous to the government regarding no legal actions being taken against those committing these unforgivable acts that often have been illegal. We’ve searched for plausible explanations for the prosecutorial inactions. But, honestly, we keep coming up empty. There’s no believable reason we can find for the lack of equal justice for these wrongdoers as compared to Flynn, Papadopoulos, Stone and even several others.

What’s believable? The only explanation I can find is this:

If you’re a working-class American with no political ties but just do your best in your town or city to raise a family, you’re NOT eligible to receive the same justice as are POLITICOS.

If you’re a federal politician with close ties to career workers at the DOJ, FBI, and intelligence agencies, there’s a good chance you can find a way to obtain a free pass that will exclude you from that “other” justice.

When the dirt began to be released about career bureaucrats who joined together to keep Donald Trump from office and then to remove him, Americans were told by political leaders, “Most of the rank and file workers at the Department of Justice and the FBI are good people who love the Country and authentic justice. The few whose political hatred and animus we’ve seen uncovered are in the minority, and there’s only a handful of them.”

Americans no longer believe that.

I still have the conviction that the DOJ is probably in the midst of ongoing investigations into these and others. We know those have been and are still underway at the hands of Federal Prosecutor John Durham of Connecticut. And Durham announced when they turned from “inquiries” to “criminal investigations.”

Americans don’t have much confidence that anything will come of this. So far, not one of the “black hat” guys has been brought to justice. McCabe is an example of that. Hillary, Comey, Obama, and a host of former Obama Administration members still hold their breaths, praying they’ll too get a pass as did McCabe. The “white hat” guys have all either been busted, run out of town or the country, or are hiding hoping to not show up in someone’s bullseye.

Is that the America in which we want to live? Do we not want and expect everyone to receive justice based on the same criteria as that for those in government and politics? Americans simply want “Equal Justice under the Law“– no special favors, no tricks by law enforcement officers, and simple truth.

We learned long ago that among the American public, “perception is reality.” Today’s American perception of the Justice System is that it has branched into two branches. Until that is disproven through actual examples that are rolled out in the public consistently, distrust for fairness under our justice system exists and will sadly continue to grow.

Americans are not supposed to feel that way. If your name is Kerry, Comey, Clinton, McCabe, Smith or Jones, Lady Justice shown above promised us all she’d be blind.

She’s peeking pretty regularly right now.

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