Human justice is a matter of perspective, and perfect justice is impossible in a world of imperfect human beings. Yet every ideal worth having, is also worth pursing. An imperfect pluralistic society should not be alarmed at a single high profile miscarriage of justice; instead citizens should warily examine the legal system in search of nascent patterns of bias.
An examination of the legal system should be a matter of common sense. Are the famous and powerful held to one standard of behavior, while ordinary people are held to an altogether different standard? Is one person treated with studied deference, while another individual is rushed to the courts for a similar infraction? Noticeable patterns are important: they either offer a glimpse of the past or they foretell the future.
One of the greatest dangers to a free people is a government that uses the legal system (and extra legal tactics) to fend off the alteration of the government by the People. Often these governments also choose to repress human liberty as a matter of course. Free citizens must therefore remain vigilant.
Today, many conservatives are eager to blame Donald Trump’s legal problems on a corrupt legal system. Reality is more complex. All of the former President’s legal woes are self-inflicted: most Americans eschew dodgy situations in department stores, avoid payoffs to porn stars, hesitate to embrace unproven electoral claims, and wouldn’t store boxes of sensitive government documents in their home without unambiguous permission. Yet these ongoing cases against the former president raise a serious question: would a high-profile Democrat be charged with similar crimes under similar circumstances? Many conservatives are firmly convinced the answer is no, and they suspect the former president’s political foes have singled him out for aggressive prosecution. The truth of this belief is uncertain, but its implications are frightening.
At least one high profile conservative commentator has advocated the short-sighted view that conservatives should adopt the partiality playbook he believes progressive legal minds are using against Donald Trump. The commentator appears to believe the legal system should be weaponized against democrat office holders who appear to break the law. This base recommendation is extremely unwise.
If a crime rarely merits a second look it would be rank partiality to aggressively prosecute a political opponent for violating the law; every law must apply equally to all Americans. An ordinary person must not be treated differently than someone who is famous, wealthy, and powerful. History has clearly established that any other standard is unwise (“To be partial is not right”). In fact, George Washington warned Americans about the dangers of partisan score-settling.
“The alternate domination of one faction over another, sharpened by the spirit of revenge, natural to party dissension, which in different ages and countries has perpetrated the most horrid enormities, is itself a frightful despotism. But this leads at length to a more formal and permanent despotism. The disorders and miseries which result gradually incline the minds of men to seek security and repose in the absolute power of an individual; and sooner or later the chief of some prevailing faction, more able or more fortunate than his competitors, turns this disposition to the purposes of his own elevation, on the ruins of public liberty.”
At this juncture in American history the smallest hint of legal partiality – regardless of its source or justification – should make all thoughtful Americans very uneasy.
Authentic freedom can be taken by force, or it can be lost incrementally. If civic minded Americans fail to guard against the slow erosion of our best ideals – particularly impartial justice – freedom in America will once again confront dark, old challenges.
During this Memorial Day weekend Americans who appreciate freedom and justice should reflect on the fact that those who have died for our country were not trying to ensure deferential treatment for any particular person or political party. Instead, they were dying for their brothers in arms, and the families they left at behind. Legal partiality does not honor the sacrifices so many have made, but rather tarnishes the country they served. All Americans should cast aside their differences and protect America’s greatest ideals – regardless of what person or political entity benefits or suffers from the even-handed application of the law.
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