Author: R. Alan Harrop, Ph.D
There is an old saying that power corrupts and absolute power corrupts absolutely. We are seeing glaring examples of this in our justice (maybe better our injustice system). As any sensible person can see, President Trump is being singled out by the Democrat’s for persecution not prosecution. Their fear of him is palpable and they will do anything to stop him from running again. We must make sure they fail, or our constitutional republic will never recover.
Some judges have become political pawns rather than fair arbiters of facts and truth. The case in New York is a prime example. The judge issued a summary judgement against President Trump before even hearing his defense. The judge is a lifelong Democrat as is the prosecutor Latisha James. As in the other three cases against President Trump, this judge placed a “gag” order on President Trump that violates his first amendment right to free speech. The case in Atlanta about election interference also includes a gag order. There is no legal justification for preventing a defendant from commenting critically about the trial process or the motivation of the judge or prosecutor. The only legal justification for a gag order by a judge is based on 18USC1512 which is concerned with violence, threats and intimidation of witnesses. It says nothing about criticizing the judge, clerk or prosecutor. In today’s judicial system the outcome of a case often has more to do with the judge who tries the case than the facts presented. This is not blind justice. It is right out of Nazi Germany, the Soviet Union, and Communist China.
Another troubling development, as shown by the fraudulent cases against the former president, is the prosecution or threat of prosecution of his attorneys and staff. Prosecutors in the Atlanta case are using what is called RICO tactics that were designed to be used against organized crime. What they do is threaten the defendant’s attorney with felony prosecution if he or she does not reveal supposedly privileged conversation with their clients. The enormous cost of defending oneself is often sufficient to bankrupt the attorney. This actually amounts to blackmail. Who can trust the truthfulness of a person who is threatened with jail time, professional ruin and financial destruction if they do not go along with the prosecutors and turn states evidence against their client who came to them, expecting attorney/client privacy? This is not the justice that our Founding Fathers expected would occur in our country.
So what do we do about this trend? First, as stated above we must support the re-election of President Trump to show the leftist Democrats that these tactics will not work in this country. Second, we must get our state legislators to pass legislation that makes the communication between attorney and client absolutely privileged and cannot be used by any prosecutor in a trial or lawsuit. It should be similar to the spousal rule that a wife cannot be forced or coerced into testifying against her husband and vice versa. In fact, an attorney should not be allowed to testify willingly against a client based on privileged communications. Third, there should be an independent process that can review the actions of a judge to ensure that political motivations are not influencing the judge’s actions and decisions.
Without these or similar actions to protect the integrity of the justice system, the citizen’s confidence that we can receive justice before the law will continue to be undermined.