It's hard to believe that only as recently as the Reagan Administration and the immediate years following that Judicial Reform was actually considered an issue in the Republican Party. Reading through the Controlled Opposition's commentaries on yesterday's Trump verdict, one would get the impression that travesties of Justice, Trial-by-Media, kangaroo-court Show Trials, and general corruption in our Legal System only started happening yesterday.
Consider that in the last month the GOP-controlled Congress (which has already smashed all records for inquisitorial hearings) criminalized protests on purely political grounds. Greg Abbott, the Governor of Texas, recently pardoned a convicted murderer on Politically-Correct grounds. Abbott also openly defied the Supreme Court on many occasions. Even Trump himself, just last weekend, offered to commute the sentence of a convicted drug-trafficker on political grounds. The complaints of such people about the legal travesty in New York yesterday rings a little hollow.
Also quite hollow is the refrain from all these bowtie-clutching Neocon pundits who had no idea that there are any problems with our Legal System. They seem to have forgotten the abuses of power that happened as long ago as the Clarence Thomas or Robert Bork Hearings. Or maybe how that great champion of the Constitution, George Bush Sr. eviscerated the 5th Amendment with Asset Forfeiture Laws and the 8th Amendment by ruling that trying someone Criminally and Civilly for the same crime was not 'Double Jeopardy.' People found innocent at a legal trial (e.g. the police officers in the Rodney King case, O.J. Simpson as early examples) could be convicted at a Civil Trial and imprisoned.
The Thomas Hearings, the King Verdict, and the Simpson Case also brought big-money media into the Judicial Process. Since then, we've had show-trials in everything but name. Long-gone are the days when crusading journalists were analyzing the relative justice of these high-profile affairs: now they act as cheerleaders egging on the lowest elements of society for clickbait and higher ratings.
What went wrong with our Justice System and why are there no (sincere) calls for reform? The same thing that went wrong with most other American institutions: it became an industry. Underneath all of the pomp and decorum and the fake appeals to 'tradition' and 'Rule of Law,' our Courts are nothing but another market selling a commodity---or more accurately, a racket run by a few insiders willing to sell 'justice' at very high prices. The rise of the Security and Surveillance State and the Prison-Industrial Complex and so-called 'legal specialization' in our Law-School enterprises have made what these Neocon hypocrites are now calling the "fairest justice system in the world" into a multi-billion dollar system of socially-approved extortion and domestic terrorism.
Anybody who dares lift a voice and demand real Judicial Reform is denounced as soft on crime or advocating a two-tiered system, depending on which side of the Official Narrative he encounters. Both factions of the Uniparty like the Status Quo because the moneyed interests profiting off the system fund both of them. 'Crime' today is centered heavily on whatever each side defines as Politically Correct. Political Correctness was a term devised by Vladimir Lenin who, like today's Liberals and Conservatives, felt that Legal formalities shouldn't stand in the way of an agenda.
The actual principles of Justice are of no use to the Ruling Elite: the vast majority of them would be in jail themselves if Laws actually were applied fairly and impartially. However, legal circuses and trial-by-media suits their purposes perfectly. Such things are part of the Strategy of Tension whereby the public is divided both by perceived lawlessness and actual injustice, the ultimate goal of which is to drive the public into the desperation of seeking the protection of an authoritarian system. That strategy is working too: witness the public reaction to the Trump Trial Judicial-Media Extravaganza. Having no opinion makes one an ignorant dunce; having the 'wrong' opinion (depending on who's asking) makes one a 'threat to the rule of law;' saying that the System itself needs to be replaced makes one a tin-foil hat Conspiracy kook---at least both sides can agree on that.
Unfortunately, besides having no political will to change, America has no public will to change either. The American public holds the Legal System in absolute reverence and judicial verdicts have the gravity of a settled science pronouncement from equally-corrupt Academia. There's an enormous emotional investment among the American public regarding the supposed sanctity of our Courts which has been reinforced by decades of propaganda portraying these slimy judges and lawyers as paragons of professional virtue dedicated to the pursuit of Justice. Lawyers of the stereotypical Honest Abe Lincoln types disappeared from this system long ago and probably wouldn't be admitted to the Bar in this day and age. The fact that most Congressmen and State Attorneys-General are products of the Legal Establishment ought to be proof positive of the level of character needed to succeed in it: but this obvious conclusion is lost on contemporary Trash Culture.
Sadly, too, there is also a strong public economic investment in the Status Quo. Lawfare has become something of a cottage industry, though a few States have taken measures against the general public poaching on the Legal Establishment's private domains. Some sharpers have figured out that the financial costs and negative publicity involved in fighting a frivolous lawsuit induces many institutions or businesses to succumb to extortion agree to an out-of-court settlement for a tidy sum. The Gay Mafia had a lot of success against the Catholic Church with this tactic and we've also seen how the Zionist Lobby has used it against universities to curb pro-Palestinian student movements.
The best that most of us can do at this low point in our history is to avoid entanglements with this System as much as humanly possible. If one has assets that some larcenous lawyer might get his eyes on, make sure that they are protected. Don't go to law unless it is absolutely necessary. Above all, don't fall into the trap of thinking that the System will dispense any kind of Justice (assume the opposite and thank God if you come out of it unscathed). Finally, do not fall for the propaganda that holding one's nose and voting for this Party or that Party will change things materially in any way.
Ah yes, well said!
ReplyDeleteI have a dream that someday conservatives will care about injustice and care about those marginalized by injustice of all sorts. That just sounds very "woke" to many of them today, but it's actually just a core principle, an important aspect of our American idealism, and a conservative value. Or at least it used to be. There is absolutely no excuse for thinking justice died just the other day when in fact it has been slowly dying for decades. Conservatives are allegedly "the party of law and order" while consistently caring nothing for whether or not law and order has any integrity to it. The end result is that you lose your moral authority and the trust of the people.
Exactly. The 'Right' doesn't really want judicial reform, they want to do the same things to their opponents. I guarantee that if Biden was in Trump's place right now, they wouldn't be fuming about political witch-hunts or claiming that our Justice System died.
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