Tag Archives: equal justice under the law

Even Inquiring Minds At CNN Are Noticing Things

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On April 22, The Daily Caller posted an article about some interesting  comments recently made at CNN.

The article reports:

A CNN panel on Monday said they found it striking that an alternate juror in former President Donald Trump’s case can attend a dentist appointment while the defendant cannot attend momentous events.

Opening arguments for Trump’s trial related to a $130,000 payment to porn star Stormy Daniels began on Monday, and the judge overseeing the case, Juan Merchan, reportedly will end the session early to allow one of the alternate jurors to attend the appointment. Merchan previously ruled that Trump must be in the courtroom throughout the trial because of his status as a criminal defendant, meaning he is not permitted to attend the Supreme Court’s Thursday presidential immunity argument and may not be able to go to his son Barron’s graduation.

…“And the fact that he can’t attend Thursday‘s historic Supreme Court argument on presidential immunity and there’s an open question about whether he’ll be able to attend his son’s graduation,” Reid (CNN legal correspondent Paula Reid) added. “The judge said he’ll consider that, but look, he’s a criminal defendant. He has to attend every single day of court unless he gets a waiver, but the jurors, the judge has signaled he’s going to work around their schedule.”

This is unbelievable. I can’t believe this is happening in America. We used to believe in equal justice under the law. Now the judicial system is being used as a political attack arm of the government. That does not bode well for any of us who do not want to be part of the woke agenda or the economic plans of the Biden administration.

How Is This Helpful To Americans?

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On Friday, The Gateway Pundit posted an article that illustrates the problem with treating people who are here illegally as if they are above the law. We need to remember that one of our founding principles as a nation was ‘equal justice under the law.’

The article reports:

ICE Boston said the Middlesex County Superior Court did NOT honor their detainer request and released into the community – without notice – a highly dangerous 53-year-old Brazilian illegal alien indicted on 10 counts of aggravated child rape in Massachusetts.

“This Brazilian national has been charged with some horrific and disturbing crimes,” said ICE Boston Field Office Director Todd M. Lyons. “This is certainly not the type of person that we want interacting freely with the children of our neighborhoods. ERO Boston will continue to work tirelessly to arrest and remove noncitizen child sex predators from our New England communities.”

The article provides some background on the illegal alien:

“The Brazilian national was admitted to the United States in Miami, Florida, on Sept. 6, 2001, as a nonimmigrant with authorization to remain in the United States until March 5, 2002. He failed to leave the United States by that date.”- ICE said in a statement.

He was deported in 2008 and illegally reentered the US at an unknown date.

“On Feb. 12, 2008, a Department of Justice (DOJ) immigration judge in Boston granted the Brazilian national voluntary departure from the United States to Brazil. The DOJ immigration judge gave him until June 11, 2008, to depart the country,” ICE said.

“He voluntarily departed the United States June 6, 2008. However, he unlawfully reentered the United States on an unknown date and at an unknown location without being inspected, admitted or paroled by a U.S. immigration official,” ICE said.

The illegal was arrested again in Everett, Massachusetts on December 20, 2021 for the charges of indecent assault and battery on a child and rape of a child.

However, the Middlesex County Superior court released him into the community.

“The Middlesex County Superior Court failed to honor ERO’s request and released the Brazilian noncitizen from custody Nov. 23, 2022.” ICE said.

An elite ICE unit tracked down the child rapist and took him into custody on March 28.

Not only does the illegal alien belong in jail until he is deported, but the person who released him should be arrested.

When Good People Are Attacked

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On April 1, The Blaze posted an article about John Eastman.

The article reports:

John Eastman is a patriot, a constitutional scholar, a lawyer, a husband, and a father. He is our friend, colleague, and fellow board member of the Claremont Institute, and he has spent his life defending the principles upon which this great nation was founded. After a 10-week travesty of a trial, a California Bar Court judge, seeking to criminalize disagreements in constitutional interpretation, recommended that John should lose his license to practice law in California.

The term “lawfare” has become part of the American vernacular in the past few years. It means the manipulation and corruption of the legal system to gain political advantage and attack and destroy one’s political opponents. The most famous example of lawfare is, of course, the shocking abuse of the U.S. Department of Justice, the attorney general’s office in the state of New York, and the district attorney’s office in Fulton County, Georgia, in an attempt to destroy the current Republican candidate for the presidency, Donald J. Trump. But the assault on Trump is just the most widely publicized example of this evil practice, which is destroying the rule of law in America.

A previous article on that site about John Eastman included a statement from his children:

Eastman has prepared his whole life to fight years of coordinated attacks and lawfare. His encyclopedic knowledge and understanding of the law are informed by years of study of political philosophy, which culminated in a Ph.D. in government at the once-famous Claremont Graduate School under giants such as Harry V. Jaffa. His law degree is from the University of Chicago, one of the top law schools in the country. He clerked for U.S. Supreme Court Justice Clarence Thomas. He served as professor of constitutional law and dean of Chapman Law School for decades. He is the founder of the Center for Constitutional Jurisprudence at the Claremont Institute.

Our dad is well equipped for this battle, and while some individuals have lent their support to his efforts, too many have remained on the sidelines.

With the soul of our justice system at stake, it’s time for others to join the fight.

What has happened to the rule of law under the Biden administration is a serious threat to our Republic (we are not a democracy–we are a representative republic). Lawyers who were planning to represent President Trump have been threatened. People who were part of the Trump administration have been spied on illegally, and some have been put in jail. How long will it be before the rest of us who support equal justice under the law will be silenced?

 

A Sad Day For Equal Justice Under The Law

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The New York case against President Trump is an insult to the rule of law. There was no jury (not that you could find an unbiased jury in New York) and no one was claiming that President Trump’s actions had a negative impact on anyone. But even putting that aside, the idea that the government can simply accuse someone of a crime, find a like-minded judge, and seize someone’s assets is scary.

On Thursday, The Daily Caller noted the following:

Democratic New York Attorney General Letitia James recently took the first step towards seizing former President Donald Trump’s assets, public records show.

James filed judgements against Trump, his sons and the Trump Organization on March 6 with the clerk’s office in Westchester County, where Trump owns a golf resort and private estate called Seven Springs, according to Bloomberg News. Judge Arthur Engoron issued a judgement in February finding that Trump must pay $454 million in James’ lawsuit, which alleged he perpetuated financial fraud by overestimating the value of his assets to obtain loans.

Trump’s legal team wrote in a filing earlier this week that he could not post bond in his appeal, moving to stay the execution of the judgment. Trump has four days to come up with the amount before the March 25 deadline.

“The amount of the judgment, with interest, exceeds $464 million, and very few bonding companies will consider a bond of anything approaching that magnitude…In short, ‘a bond of this size is rarely, if ever, seen,’” Trump’s attorneys wrote.

This is a sad day for America. How many businesses will be leaving New York as a result of this action?

Unfolding Before Our Eyes

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On Monday, The Daily Caller posted an article about the use of the legal system against President Trump.

The article reports:

George Washington University law professor Jonathan Turley said Monday that the “improvisational” nature of the cases against former President Donald Trump caused damage to the image of the legal system and proved Trump was “right” about being targeted by a “weaponized” justice system.

Trump’s attorneys said Monday the former president was having difficulty posting a $454 million bond to cover the judgment in a civil fraud case issued by New York Judge Arthur Engoron in February. Turley said that the cases brought by Democratic Attorney General Letitia James, Manhattan District Attorney Alvin Bragg, special counsel Jack Smith and Fulton County District Attorney Fani Willis proved Trump’s allegations that he was being targeted correct. 

“It’s becoming increasingly difficult to deny that we have a legal system now that is being heavily distorted by politics and you cannot look at all of these cases and see blind justice, you see the opposite,” Turley told Fox Business host Larry Kudlow, a former Trump administration official. “You see a justice that is being weaponized, and in many ways the Democrats fulfill the narrative of President Trump. He is now right. No matter what they thought about it at the beginning, they proved him to be right with this pile-on from Florida to Georgia, to Washington, D.C., to New York and most of the public gets it.”

The article concludes:

“I mean we have to wait to see if New York still has a judge or two that’s willing to say enough,” Turley continued. “When you are forcing someone to come up with half a billion dollars just to get an appeal? Someone has to say enough. This is not what New York is supposed to be.”

If we want to see our justice system restored back to equal justice under the law, we are going to have to elect people who are willing to follow the law. Please keep that in mind when you vote in primary elections and in November.

 

Finally Addressing The Obvious

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On Thursday, PJ Media posted an article about the difference between the way the ‘summer of love’ Antifa protestors who burned down buildings and killed people were treated and how the January 6th protestors who did nothing but walk through the Capitol were treated. Evidently there are some people in our judicial system who want to restore equal justice under the law.

The article reports:

Finally a federal judge who believes in justice or something close to it. Could this be a crack in the dike of the tyranny of the DOJ? Is this the beginning of the end of Antifa pattern of violence and silence? We can hope.

To understand what’s at stake, let’s take you back.

At UC Berkeley in 2017, Antifa and their local black bloc franchisees set fires and rioted to prevent Milo Yiannopoulos from speaking on campus. 

The anti-free speech violent protesters set off munitions, broke windows, beat people, and scared the university away from allowing any right-wing speakers to be heard on campus—unless they paid for their own security. Antifa radicals, calling themselves By Any Means Necessary (BAMN), framed themselves as brave and heroic for silencing speech of people they detested at the very birthplace of the campus free speech movement.

It was the first round of the speech wars between people on the right who were trying to speak and those on the left who called them “fascists” while calling themselves “anti fascist” and using violence to literally shut them up. 

Several people were arrested for the melee, but guess who were the only ones prosecuted? 

In an opinion issued February 21, California Federal District Court Judge Cormac J. Carney stiff-armed the DOJs Terrorism and Export Crimes Section out of Los Angeles and nailed them for selective prosecution. The decision to dismiss the federal charges against two men who at some point became members of a group characterized as “white supremacist” was based on the fact that Antifa did as bad or worse that day and at other events where both groups were represented and Antifa wasn’t prosecuted.

This pattern continues as charges were dropped against those who participated in the ‘summer of love’ and Vice-President Kamala Harris asked people to contribute to the bail of the people who were arrested. We need to restore ‘equal justice under the law’ if our country is to survive.

The Overlooked Smoking Gun

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On Sunday, The Liberty Daily posted an article by Peter Roff of the Daily Caller News Foundation. The article dealt with one point in the Special Counsel’s Report of President Biden’s mishandling of classified documents that seems to have been overlooked.

The article notes:

Nonetheless, by focusing on what special counsel Robert Hur wrote about Biden’s failing memory in his report on his mishandling of confidential government files dating from his time as vice president, they missed the more significant nugget in Hur’s explanation of why there would be no indictment.

Remember, the Biden Justice Department indicted former President Donald J. Trump over the same issue. The outcomes were different, Hur explained, not just because Biden couldn’t remember things but because he cooperated with the investigation while Trump didn’t.

That should about blow the case out of the water. It all but confirms Trump was singled out for special treatment, as he claimed. The case against him is political, and it’s okay for America to move on because there’s really nothing to see.

As a former president and as a citizen, Trump has rights. He doesn’t have to turn over every document they ask for to the government. Every departing chief enters into a negotiation regarding what they can take with them when they leave. The rules are not at all clear.

They’re obviously not supposed to take any of the furniture that was there when they moved in with them (one recent first couple apparently missed that memo). As far as any documents go, the president and the National Archives are usually allowed the time necessary to work out who gets to keep what.

The former president was not afforded the same luxury as his predecessors. His suggestion the Biden Justice Department rushed the case into court to damage him politically now looks stronger.

I am not a lawyer, but there is another aspect of this that is troubling. Let’s say someone robs a bank and puts the money in an interest-bearing account hidden somewhere. After five of six years in prison, they figure they can live on the interest, so they give back the money. Are they then not charged with the crime? That’s what this sounds like (other than the obvious unequal justice under the law).

Using The Law Against Your Political Opponents

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The story below is one of the things that makes me wonder about the future of America. Somehow we have lost the concept of equal justice under the law and many legal actions have become totally political.

On Tuesday, The Washington Examiner reported the following:

A POLITICIZED, GROSSLY UNFAIR LAWSUIT AGAINST TRUMP. Former President Donald Trump testified Monday at the trial of the lawsuit, filed by New York Attorney General Letitia James, alleging that Trump inflated the values of his real estate properties to receive lower interest rates on loans. It’s important to note that Trump has already lost the case. The judge, Arthur Engoron, weeks ago pronounced Trump guilty of the actions alleged, and what is going on now in court is the penalty phase, in which Engoron will decide whether to confiscate Trump’s business empire.

The punishment will be extraordinary and unprecedented. This is how Axios has described it: “Former President Donald Trump is at risk of losing the New York real estate empire that the rest of his career was built on. Forcibly dismantling Trump’s company is so unusual that no one is quite certain how it would play out.”

Engoron could decide to cancel the business certificates of all of Trump’s companies. “If the business certificates were canceled,” Axios continued, “the relevant assets — which include Trump Tower, Trump Park Avenue, 40 Wall Street, and Trump National Golf Course Hudson Valley — would be put under the control of a court-appointed receiver, who operates much like an executor of an estate. The receiver would continue to manage the properties, but also could be allowed by the court to sell some — particularly if cash was needed to pay off legal penalties or creditors. Trump, who views himself as a consummate dealmaker, would not be at the negotiating table.”

That is a punishment so out of line with the behavior alleged in this case that it boggles the mind. It is made possible by two factors: a bad law and a hyperpoliticized attorney general. On the bad law, New York’s Executive Law 65(12), the former federal prosecutor Andrew McCarthy wrote: “The law doesn’t require a showing of harm. The state need not prove the defendant even intended to defraud anyone, much less actually defrauded someone. It need not be established that any creditor or financial institution even relied on the defendant’s misrepresentations, that those misrepresentations were material, or that anyone was actually fooled by them.” There need be no victim — after all, in this case, no bank or financial institution is suing Trump for cheating them, nor does there need to be any crime involved — in fact, prosecutors looked at the same evidence and declined to charge Trump.

Hopefully this case will eventually suffer the same fate as the case against former Virginia Governor Bob McDonald. However, the damage done in getting there will be immense and inexcusable.

Changing The Rules After The Fact

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On Monday, PJ Media reported the following:

On Jan. 6, 2021, a protestor, 40-year-old Brady Knowlton, says that an officer at the Capitol told “You can go in, as long as you don’t break anything.” At 2:35 p.m., Knowlton did, entering through the Upper West Terrace doors. He looked around inside the building, walked through the Rotunda, lobby, and Senate chamber gallery, obeyed the officer’s injunction not to break anything, and left the building at 2:53 p.m. For that, Knowlton now faces twenty years in prison in Old Joe Biden’s vengeful banana republic.

…According to the charges filed against him in the U.S. District Court for the District of Columbia, Knowlton “did unlawfully and knowingly enter and remain in a restricted building and grounds.” He also “did knowingly, and with intent to impede and disrupt the orderly conduct of Government business and official functions, engage in disorderly and disruptive conduct in and within such proximity to, a restricted building and grounds, that is, any posted, cordoned-off, and otherwise restricted area within the United States Capitol and its grounds, where the Vice President and Vice President-elect were temporarily visiting.” He “willfully and knowingly engaged in disorderly and disruptive conduct within the United States Capitol Grounds. He “willfully and knowingly entered and remained in the gallery of either House of Congress, without authorization to do so.”

If Knowlton’s contention that a police officer said he could go in is true, it vitiates all these charges, and Knowlton’s claim is certainly corroborated by photographic and video evidence of cops at the Capitol opening gates, holding the doors open for protestors, and reports that police even posed for selfies with protestors. Also, when the FBI raided Knowlton’s home, they found no evidence whatsoever “concerning the breach and unlawful entry” of the Capitol, or “of any conspiracy, planning, or preparation,” or “maps or diagrams” of the Capitol, or of any “materials, devices, or tools” that Knowlton might have planned to use to get inside.

The article notes the obvious contrast with the way people with other political views have been treated:

Compare the treatment of Knowlton and the other Jan. 6 scapegoats to the treatment of Quintez Brown, the Black Lives Matter activist who recently shot at Louisville mayoral candidate Craig Greenberg. Journalist Miranda Devine noted that Brown was “portrayed sympathetically by the media and immediately bailed out of jail by his Black Lives Matter comrades, who crowdfunded the $100,000 cost.” Devine added that Brown was “a celebrated gun control advocate, anointed as a rising star by the Obama Foundation, he was an honored guest on Joy Reid’s MSNBC show. He was granted a biweekly opinion column in the Louisville Courier-Journal to spew boilerplate leftist, race-based, anti-cop sentiment.” Brown had, Devine says, “BLM privilege.” Indeed.

This sort of uneven treatment divides America. It is time that we went back to the concept of “equal justice under the law” which was part of the foundation of our government. If the foundation is destroyed, the building falls down.

When The Punishment Doesn’t Fit The Crime

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On Friday, Trending Politics posted an article about the sentencing of one of the rioters in the Black Lives Matter riots of 2020.

The article reports:

One of the main tenants for a stable and law-abiding society is a judicial system that enforces laws and ensures equal justice for all.

The reverse is true in progressive cities, resulting in an increase in crime.

Various government organizations, even all the way up to the Department of Justice, have gone astray. Social justice warriors are now in positions in the DOJ to implement “racial justice”, which determines how to prosecute cases based on the race and/or social justice cause, not commensurate with the crimes committed.

A perfect example can be seen in a murder committed by a BLM arsonist.

On June 5, 2020, in Minnesota, BLM riots were breaking out and becoming violent. Hundreds of people took to the streets and began looting local businesses, vandalizing private property, and recklessly setting fire to buildings. Montez Terriel Lee Jr. was one of these violent actors.

That night, Lee broke into a pawn shop, poured fire accelerant around, and set it on fire. These actions were caught on video.

Two months later, a 30-year-old man, Oscar Lee Stewart, was found dead among the debris.

The article reports on the sentencing of Mr. Lee:

In another act of injustice, Lee is facing a shorter sentence than normal because, according to US Attorney W. Anders Folk, he was “caught up in the fury” of the Black Lives Matter riots.

…Instead of facing the typical sentence of 200 months, US Attorney W. Anders Folk recommended less time because of the “motives” behind the arson and killing.

The article includes part of a memo written by the U.S. Attorney:

“Mr. Lee’s motive for setting the fire is a foremost issue. Mr. Lee credibly states that he was in the streets to protest unlawful police violence against black men, and there is no basis to disbelieve this statement. Mr. Lee, appropriately, acknowledges that he ‘could have demonstrated in a different way,’ but that he was ‘caught up in the fury of the mob after living as a black man watching his peers suffer at the hands of police,’” the memo stated.

I would like to point out that the January 6th political prisoners have been treated very differently (and the damage caused by most of them was minimal).  At some point this sort of injustice is going to create a really ugly backlash against those who are supposed to be upholding law and order.

Changing The Rules According To Political Beliefs

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On Friday, The Gateway Pundit posted an article that illustrates the current problem with justice in America.

The article reports:

Democrat Rep. Joyce Beatty along with a group of far-left protesters stormed the Hart Senate Building on Thursday chanting, “End the filibuster!”

Congresswoman Beatty, who is the head of the Congressional Black Caucus, was arrested during the insurrection by Capitol Police.
Police zip-tied her wrists and marched her off.

Rep. Beatty was out of confinement soon afterward. Yet, ironically, she complained about ‘the double-standard treatment’.
She did not have to worry about being held indefinitely without trial. She did not have to worry about losing her job or being doxxed in her community.

Meanwhile, over 20 Trump supporters still languish in isolation in a DC prison for walking into the US Capitol on Jan. 6. Their lives are ruined. Their incomes and reputations are destroyed.

There is something very wrong with the double standard that now operates in our justice system. We need to remember that unequal justice can be used against any American. As we see some political views being labeled as ‘hate speech’; or ‘racist’ when they are no such thing, we need to remember that we are responsible for the leaders we have. It

Can You Walk Back Up A Slippery Slope?

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According to Oxford Eagle:

Lavrentiy Beria, the most ruthless and longest-serving secret police chief in Joseph Stalin’s reign of terror in Russia and Eastern Europe, bragged that he could prove criminal conduct on anyone, even the innocent.

“Show me the man and I’ll show you the crime” was Beria’s infamous boast.

Unfortunately we are watching a version of that statement play out in America right now.

On May 18, The New York Post reported:

New York Attorney General Letitia James’ investigation of the Trump Organization is criminal in nature, her office revealed Tuesday.

James’ office had been conducting a civil investigation of former President Donald Trump’s company.

“We have informed the Trump Organization that our investigation into the organization is no longer purely civil in nature,” a spokesperson for the attorney general said in a statement.

…James has been investigating the Trump Organization since 2019 after Trump’s onetime personal attorney, Michael Cohen, testified to Congress that Trump exaggerated the value of his financial assets in order to help score more favorable terms on loans and insurance policies. Cohen is serving the remainder of a three-year prison sentence under federal house arrest after pleading guilty to tax evasion and campaign finance violations.

The thing to keep in mind here is that Attorney General James campaigned on a platform of promising to destroy President Trump. She was elected.

During the past five or six years, we have seen our justice system turned on its head.  There has been unlawful surveillance of American citizens–a violation of their civil rights, ridiculous jail terms for people who hold conservative values, early morning raids on people who posed no flight risk (complete with advance notice to CNN), etc. The people who want to spend their time looking for a crime to attribute to President Trump need to remember that the justice system that will look for a crime to fit a person could ultimately be turned on them.

The swamp in Washington is deep and wide and extends out into many blue states. If we don’t get it drained soon, I fear that the American most of us grew up in with equal justice under the law will be gone forever.

He Probably Meant Well

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The following is a post that appeared on the Judicial Watch website:

How The Barr DOJ Failed

“They’ve been protecting Hillary Clinton, they’ve been protecting Obama, they’ve been protecting the Deep State,” Fitton (Tom Fitton) stated last Friday.

Attorney General Barr’s resignation amidst a contested presidential election dominated last week’s political airwaves. On Friday, Fitton reminded viewers that “AG Barr or at least the Justice Department under AG Barr has been a black hole in terms of responding to Judicial Watch.” As Fitton reported, “they recently went to court to shut down all of our Clinton email investigations, discovery, and FOIA lawsuits – they don’t want us to do anything.”

Fitton believes that the Justice Department has turned a blind eye to scandals surrounding VP Joe Biden, especially material evidence discovered on Hunter Biden’s laptop last year. The scandals, which he has described as “obvious criminal conduct,” were largely set aside by the Department of Justice, according to Fitton. “They [the DOJ] protected Joe Biden and interfered in the election by doing nothing about the Joe Biden scandals.”

Those defending the DOJ’s decision to not investigate the Bidens are, in Fitton’s estimation, misunderstanding the role the Agency plays in investigating corruption surrounding presidential candidates. While it is correct that the DOJ should not investigate candidates in a bid to influence the outcome of an election, Fitton believes that the Agency is doing just that – but in a different way: “this person is running for office and they get a get of jail free card.” Likening the policy to a game of Monopoly, Fitton contrasts this approach with that employed by the DOJ against President Trump, when “they specifically targeted Trump because he was running for office.”

As Fitton concluded, “it doesn’t matter who the next AG is, I don’t expect any difference coming January. We just have to keep doing the work we’re doing. We can’t trust them to investigate Biden, so we’ll do it instead.”

The fact that no one in authority was charged in the overt violation of the civil rights of the people involved in the Trump campaign and the Trump transition team says a lot about the corruption in our federal law enforcement agencies. The fact that a senior administration official can totally mishandle classified information and pay no price while a sailor goes to jail for taking a picture of his workplace is disturbing. Somewhere along the line we have lost the concept of equal justice under the law. Until someone has the courage to clean out the agencies that are supposed to be working for all Americans–not just those of one political persuasion–our country will be in danger of becoming a banana republic. We are already hearing cries from some Democrats of investigating the President when he leaves office with the goal of arresting him. That shouldn’t happen in America. An honest justice department and related agencies is needed. Unfortunately, William Barr was not able to deliver that.