The rule of law, unfortunately, cannot enforce itself. Granted, the rule of law itself is a human creation and so, flawed, but, for some reason, our inability to enforce the rule of law reveals far deeper flaws in our nature. Or in how we frame the rule of law. Racism remains built into our architecture. That’s because our founders (flawed human beings) had a great idea “All men are created equal” whose execution they bungled completely (“all men means only white, Christian, land-owning men” and no one else). Put a big, fat E for “error” down on the scorecard. That nod to racism (and slavery) still haunts us. Racism — especially when it deprives its victims of their rights — is CRIMINAL. Every single instance of it happening IS CRIMINAL. Not hyperbolic crime, REAL CRIME. “Rights crimes” may not be sexy enough for a podcast to follow, but their legal implications and ripple effects — have ya heard the recent news from Texas? All those new laws cropping up like weeds in red states — the ones restricting some voters’ right to vote — they’re all VIOLATING THE LAW as they try to become the law because they’re trampling on someone’s rights.
We are living the example of what happens when you fail to prosecute the rule of law equally and evenly.
While some Black Americans get punished for breaking arcane laws, white Americans can openly intimidate other Americans with impunity. Because they’re white. And, up until now, we have almost no history of prosecuting white people for lording their whiteness over everyone else. It’s gone to white peoples’ heads. Well, some white people. The white people to whom sharing political power (and the wealth that goes with it) is anathema have declared open war on the rest of us. They no longer hide the political nature of their actions — what they call “political”. But, by “political”, what the Republicans mean is “deliberate”. For a purpose. A political end: permanent minority rule. The problem is, every action to achieve that political end is, itself, a criminal act because 1) it violates other Americans’ rights in the present and 2) it seeks to overthrow the legitimate government of the United States (the one run by We The People) — an act that is absolutely illegal — as its goal. When a gang of thieves set out to rob a bank in the dead of night? Their criminal conspiracy is already a legal fact before they even arrive at the bank.
So — our base problem is framing. We must stop framing criminal acts as “political”. That’s where the Department of Justice steps in.
When corruption infiltrates law enforcement, society as a whole suffers terribly. Corruption at the top gains muscle. In America, policing began as a tool of slavery and that association between policing and racism has never gone away. How can we be shocked that America’s police departments are overflowing with racists when we have it in our heads that racists are the ideal hiring pool for cops? In the movie biz, casting is pretty much everything. If I cast Rob Schneider as Hamlet (when I really want Benedict Cumberbatch), I’m gonna get Rob Schneider making a hash of my movie — and it’s going to be my fault, not Rob’s. Eliminating the racism from America’s police departments one by one would be impossible. Eliminating racism from American Life — one racist incident at a time — equally impossible. That’s where the rule of law comes in — on a federal level!
From the instant Donald Trump got his corrupt hands on the Department of Justice, he set about turning America’s head lawyer and law enforcement official into his Roy Cohn. Racist elf Jeff Sessions failed in Trump’s eyes because he recused himself from the Trump-Russia investigations. Got it? Sessions feared crossing the line Trump insisted he cross — beyond ordinary corruption into TREASONOUS corruption. The fact that Jeff never went to the FBI with what he knew or even just suspected must haunt Jeff. Legally, I mean — it’s our obligation to put Jeff on the stand and grill him Benghazi-style about why, if he “saw something”, he didn’t “say something”? Silence in the face of crime is complicity. When that crime is treason?
The Republican Party hierarchy KNEW for a fact even before they nominated Trump to be their presidential candidate in 2016 that Russia owned him outright. They said so — OUT LOUD (it was recorded FFS!) As he walked into a meeting of Republican leaders on June 25, 2016, current GOP Leader Kevin McCarthy said “There’s two people I think Putin pays — Rohrbacher and Trump — swear to God!” Kevin’s SUSPICIONS about their presidential candidate got an uncomfortable response. Not shock (as in “Whaaaaat? Kevin — dude — are you sure about that? What the hell put that craziness into your head?”), nervous laughter. That’s what motivated Kevin’s “Swear to God!” He wanted to be believed, understand? He was assuring them that his info was good.
What did the room ultimately do? They listened to then Speaker Of The House Paul Ryan who insisted that this damaging piece of information remain their collective (as in conspiracy to obstruct justice) little secret. “That’s how we know we’re family”, said the Speaker Of The House, third in line to the presidency. Clearly, the family he had in mind was a mafia family.
Friends, that moment — right there? That’s a crime. That meeting was and remains a crime scene as yet uninvestigated. As far as I know, the FBI has NEVER questioned anyone who was present in the room. In retrospect, that meeting — and Kevin’s accusation — is far, FAR more than it seemed even in 2017 when the Washington Post reported on the meeting their reporter Adam Entous having heard the recording of the meeting himself. It’s not a coincidence that, even as he was being sworn in (and violating his oath of office to defend the Constitution), Trump was moving to cover up his crime. What made that tricky was that the crime was ongoing.
Bill Barr’s corruption is genetic. His dad Donald Barr ran the elite Dalton School in Manhattan that hired an unqualified Jeffrey Epstein to teach. Despite that association, Barr refused to recuse himself (like Jeff Sessions did). Barr had way more skin in the game apparently. The whole point of Barr being back at the DoJ was to stop any and all investigation into Trump’s corruption dead in its tracks. Barr kneecapped the Mueller Report, misdirecting our easily misdirected news media into thinking that Mueller’s narrowly focused investigation exonerated Trump when, in fact, it did nothing of the kind. It seems though that even a man as corrupt as Bill Barr had a line in the criminal sand. He wouldn’t join Team Trump in their insurrection attempt.
Still, Barr’s DoJ was openly hostile to enforcing the rule of law wherever it might apply to corrupt, rich white guys. Especially the treasonous ones. When the Democrats won back the House in 2018 and began the process of oversight into what Trump had done, they did so with a massive handicap: they had zero enforcement muscle. Any Trumpian refusing a Congressional subpoena had nothing to fear since the worst case scenario was the Congressional Sergeant At Arms handcuffing them and hauling them down to the basement somewhere to lock them in a closet or secure them to an old pipe. Without teeth to enforce itself, even a political investigation ain’t going anywhere.
That’s why Biden winning — and winning handily (7 million more voters equals handily; the Electoral College measures corruption’s reach more than it measures the will of the people) — mattered. The authority to govern finally flowed to the person to whom We The People wanted it to flow. Take this to the bank and plan to get rich: Donald Trump did not win office legitimately. That’s not a political fact, it’s a criminal justice fact — and it’s the one we’re going to have to arrive at as the basis for our thinking. But for Russia, Donald Trump would never have been POTUS. Without Russia’s help, Trump would never have gotten past the primaries; he might never have entered the race.
Donald Trump’s illegitimacy as POTUS is the organizing principle confronting the rule of law. The rule of law doesn’t recognize degrees of election fraud to punish. It doesn’t say “if less than ‘this number’ of Democratic voters have their votes suppressed by a foreign government’s deliberate, focused propaganda aimed at stopping them from voting for Hillary” then it’s okay, “But, over ‘this number’, it’s illegal!” By the same token, the rule of law is clear about how illegal it is for ANY American political candidate to accept ANY help from ANY foreign government hostile or otherwise. The fact that Trump OPENLY accepted so much help from a government we KNEW was at cyber war with us?
If we see Moscow Mitch McConnell’s actions through a longer lens — his grim determination to deny Barrack Obama lifetime federal judgeships including so much as a hearing for Merrick Garland plus his insistence at the White House during a Gang of Eight meeting in September 2016 that if Obama told America about Russia’s active intent to make Trump POTUS that he’d publicly accuse Obama of “politicizing the intelligence”, plus Mitch’s odd relationship with Oleg Deripaska — the man responsible for spreading Russian propaganda to Michigan, Wisconsin and Pennsylvania, the three blue states that flipped red and made Trump POTUS ) — suddenly “innocent” acts (is my sarcasm font working?) don’t look so innocent. Mitch McConnell denying Obama judgeships that he shoved down America’s throat the second Trump became POTUS become part of the larger “undermine America’s democracy” narrative. It becomes part of the larger Republican effort to circumvent the will of the American People and impose permanent minority rule against their will — and against the law.
Because any attempt to violate any American’s rights is a crime.
It really is this simple: the Republican Party have not been behaving politically, they have been behaving criminally — for a political end. The end therefore becomes a detail — the “why” of the crime and the point of their co-conspiracy. That is what this ultimately is: a massive conspiracy to defraud Americans and America of their democracy.
To even think of doing such a thing — if it ain’t a crime now, we better make it one. Because this won’t stop until we prosecute the living shit out of it. The moment these perps realize what they’ve stepped in — as many of the insurrection’s foot soldiers are finding — they turn. For one thing, defending yourself against federal charges is massively expensive. This is as bad as getting cancer in its potential destructiveness to a family’s generational finances. When justice finally pierces the veil of Congressional involvement in the insurrection, the whole conversation’s going to change because we’ll have stopped treating what individual Congresspeople like Lauren Boebert and Marjorie Taylor Greene did as political (giving tours to demonstrate the building’s best entry points and where the tunnels are) and start seeing it for what it was and is: part of a criminal conspiracy to overthrow the United States of America.
What is Merrick Garland up to? Does he see this crime scene the way I do — the way (IMHO) we all need to — as a crime scene! There are hints he does. Frustratingly vague hints. The tricky thing about justice and the rule of law is that they must dot every “i” and cross every “t” to remain legitimate. For the rule of law to really work — and gain everyone’s trust — its integrity must remain at one hundred percent. That takes time. Cutting corners — especially legal ones — infringes on integrity. And — very important — the target (we hope) Merrick Garland’s DoJ (our DoJ also!) is sizing up, measuring and taking aim at is Donald J. Trump.
AG Garland — and We The People — will get one shot at this. One shot at making our case that Donald Trump was the biggest fraud in American history. And a traitor to boot.