Rule of Law Fading Fast

“It will be of little avail to the people that the laws are made by men of their own choice if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood.”

James Madison

That day came and went decades ago.  The laws are hundreds of pages long and cover hundreds of subjects at a time, often outsourcing the details to some bureaucracy to implement the regulations.  Worse still, all too often the laws are not passed by the elected representatives but handed down by judges with lifetime tenure.  There is a reason that Hammurabi's Code was publicly posted on a stele (stone slab).  The Twelve Tables of Roman Law stood in the forum and outlined the rights and duties of Roman citizens.  The law was available to all.  It was clear.  Now, it is a labyrinthine mess where we are all criminals if the elites wish to punish us.

Today, laws are being unequally applied.  Let us consider some cases.

In May 2020, during a Brooklyn protest, Urooj Rahman (Fordam School of Law) and Colinford Mattis (Princeton and NYU School of Law graduate) drove around with Molotov cocktails which they sought to distribute to protestors.  Rahman threw one of the Molotov's into a police car.  They pleaded guilty and were up for ten years.  However, a new deal had their original pleas withdrawn, lesser charges filed, and new guilty pleas.  Now, they are looking at 18 to 24 months.

On January 6, 2021, Jacob Angeli Chansley, more infamously known as the QAnon Shaman, walked into the US Capitol and sat down.  He posed for pictures throughout.  During his trespass, he did not commit assault, arson, or vandalism.  He has been sentenced to 41 months.

In May 2011, the Congress issued a subpoena to Attorney General Eric Holder to hand over documents pertaining to Operation Fast and Furious.  He refused.  In October 2011, Congress drafted a Contempt of Congress resolution.  Holder still refused, claiming executive privilege.  In June 2012, Holder was held in both criminal and civil contempt of Congress.  The Justice Department, headed by Holder, declined to prosecute Holder.

In February 2022, Peter Navarro - director of national trade council under Trump - was subpoenaed to provide documents regarding January 6th.  He refused, claiming executive privilege.  He was indicted for contempt of Congress and arrested.

Protestors at the homes of Supreme Court justices are tolerated, though what they are doing is illegal:

The 18 U.S. Code 1507 reads: "Whoever, with the intent of interfering with, obstructing, or impeding the administration of justice, or with the intent of influencing any judge, juror, witness, or court officer, in the discharge of his duty, pickets or parades in or near a building housing a court of the United States, or in or near a building or residence occupied or used by such judge, juror, witness, or court officer, or with such intent uses any sound-truck or similar device or resorts to any other demonstration in or near any such building or residence, shall be fined under this title or imprisoned not more than one year, or both."

Let's consider the following statement from Senator Charles Schumer:

“I want to tell you, Gorsuch. I want to tell you, Kavanaugh. You have released the whirlwind and you will pay the price.  You won’t know what hit you if you go forward with these awful decisions.”

With protestors at their houses, the Majority Leader says this.  Is it any wonder that a crackpot was caught stalking around Kavanaugh's home?

By contrast, Ryan Kelley, a candidate for governor of Michigan, has been arrested by the FBI for being at the Capitol on January 6th.  He did not enter the Capitol, but was photographed on the Capitol steps.

Justice is no longer blind.  She took off the blindfold and looks to see if there is an R or a D next to the name.  Despite months long attacks in Portland on the Federal building which included firebombs and vandalism, only 97 were arrested and around 30 charged.  Only 1 is headed to prison so far.  These were anti-Trump protesters.  But January 6th, which saw no firebombings and very little vandalism, saw 725 arrested and 71 headed to prison or jail.  One day.

I am totally in favor of prosecuting the January 6th folks.  However, when vandals and arsonists throughout the country are released while trespassers have the book thrown at them, something doesn't seem right.  There is too much selective enforcement.