Saturday, June 27, 2020

When Justice Dies

It was 1924. The case before the court was R. v. Sussex Justices ex parte McCarthy. That case is famous for the maxim that "Justice most not only be done but should manifestly and undoubtedly be seen to be done."  If the judgment delivered has that rancid smell of bias, it is not justice. When the fix is in, it is injustice, an abomination of the judicial process. The result shows that someone has his finger on the scale.

Such is the state of American justice in the era of el Diablo Noranja, the Orange Devil, president Donald Trump, and his personal Renfield, attorney general William Barr.

What is manifestly and undoubtedly seen to be done in America today is the utter corruption of the judicial system in which Trump orders his underling to skew prosecutions, to fire uncompliant US attorneys, to investigate his political adversaries, even as the Orange Devil stacks every layer of the federal judiciary with reliable judges no matter how unqualified they may be and then, to display that Team Trump is above the law uses the presidential pardon power to take his friends off the hook.

Earlier this week an appeals judge, an unaccomplished Trump appointee with her eye on a slot on the Supreme Court, ruled that the trial judge must grant the DoJ's clumsy application to dismiss all charges against Michael Flynn. Charges demonstrably made out by the evidence. Charges to which Flynn has already confessed. Charges for which Flynn has already been convicted and awaits sentencing.

Just this morning Trump tweeted that he's planning on pardoning his longtime friend and political dirty trickster, ex-Paul Manafort partner, Roger Stone.  Two close criminals who, at the direction of Trump himself, may have committed the crimes that led to their convictions.


Anonymous said...

Why exactly would an actual Democracy allow anyone to pardon someone who has been convicted through the constitutionally defined course of law?

DOH! Amerkuh . . .

Trailblazer said...

When the Trump administration , if you can call it that, is replaced by another, what are the chances of retribution of the likes of Stone, Manafort and even Trump himself?
I see little chance.
The USA produced the GW Bush regime which by lies justified the invasion of Iraq.
It also, in front of the cameras of the worlds media, carved up the oil resources of that country for the benefit of US and UK petro giants.
There was no justice then, I doubt we will see justice in the future.
The USA has not just become morally bankrupt; it has been for many years, it's just that we turned a blind eye to it for the sake of commerce.
They, the US, is now seeing the results of decades of absolute power corrupts absolutely.
It is possible that the US is entering its 'third' civil war.
A fitting end for a monster.


The Disaffected Lib said...

Many nations have a provision to pardon.

The Disaffected Lib said...

Something has to give, TB. Both sides in this deeply divided society are dragging each other down.

Owen Gray said...

Stone's pardon would be the final straw, Mound. He must be brought down then brought before a Grand Jury. He has much to answer for.

The Disaffected Lib said...

What an obscenity that Republicans continue to call themselves the "party of Lincoln." When America's political polarity flipped during the Kennedy-Johnson civil rights reformation, Nixon saw opportunity in exploiting the southern racist/white supremacist vote and it paid off for the GOP. The Republicans found electoral gold in the bottom of the barrel. Still the conservative arm of the party soldiered on. The lunatic fringe, once despised by both parties, organized to become the Tea Party and began electing extreme right wing candidates to Congress, always as Republicans. It was the camel's nose under the tent scenario. The Republican establishment again saw electoral gold in the bottom of the barrel and allowed the lunatic fringe to become a mainstay of the GOP, perhaps confident that they could still "manage" the extremists. That led to the discovery that the fringe was adept at primary politics, ousting moderates from even getting on the ballot. For Trump it was a perfect set up and he used it ruthlessly to manipulate the party ranks in the House and the Senate. Now, no matter the outrage, Mitch & Co. invariably fall in line. Lindsey Graham is the most blatant example. They've sold out their once great party and, in the process, they've sold out their country. I fear they've taken it so far there'll be no coming back.

Trailblazer said...

Off subject but!!!

Is anyone else NOT surprised?
The lies we live!


Purple library guy said...

Yeah, well, sort of a case of kicking the impressive pumpkin and finding it was hollow and rotted so it fell apart at the slightest blow.
I understand the conviction rate in the US is 97%. Think the cops finger the right person that much of the time? Few cases even reach trial--they blackmail people into plea bargains to save time so the prosecutors can rack up impressive-looking numbers of convictions as quickly as possible, the better to run for higher judicial offices. Judges take bribes from for-profit sweatshop prisons in return for keeping the manpower flowing. The US "justice" system is a joke . . . and of course, as many currently marching in the streets could tell us, a racially biased one.

Not that ours is great, especially if you're, say, First Nations; it's another one of those cases where we can look good because of who's next to us.

The Disaffected Lib said...

Chesapeake or at least the failure of a fracking company was no surprise, TB. It's a cash intensive business. Not like drilling a well and having some mule pumping out crude for years. Fracking is constant work and constant cost which makes the industry especially vulnerable to price crashes if they're carrying much debt.

The Disaffected Lib said...

There's no question it's a deeply flawed system, PLG. What remains to be seen is if what remains of democracy in America can survive it.

Northern PoV said...

And at the darkest hour, a tiny light beacons the beleaguered aspirants:

"The US Supreme Court just struck down a major abortion case. The court ruled that a Louisiana law that requires doctors who perform abortions to have admitting privileges at a nearby hospital, severely limiting access to abortion, is unconstitutional.

The court ruled the decision 5-4, with chief justice John Roberts siding with the court’s liberal justices to strike the law down."

More indication that Roberts is hedging his bet? Taking his cue from Esper & Milly?

The Disaffected Lib said...

NPoV - My guess is that Roberts is alarmed at the prospect of being Chief Justice of a court dominated by right wing extremists. Who wants to go into the history books that way?