“You used the law and a badge to heal that scar on your neck.” – Hang ‘em High
I would recommend him as a lawyer, but he told the judge he ate my appeal.
About 4,400 years ago, a Mesopotamian king by the name of Urukagina developed the first known civil laws. They certainly weren’t the first laws, but they are the first ones we have written proof of. Perhaps the biggest mystery of Urukagina is how he got through middle school with a name like Urukagina.
Law is the bedrock of human civilization. If we don’t have rules we all (more or less) agree to, we can’t live together. Sometimes the laws are complex: I’ve heard that it’s a law that you have to turn on your headlights if it’s raining in Sweden. I’m not sure how am I supposed to know if it’s raining in Sweden, so I guess I’m quite the rogue when choose to live on the edge and drive without my lights.
Sadly, everyone can see what happens when laws break down. The riots that started in Minnesota are an example that won’t be forgotten soon. The breakdown that started in Minnesota is currently still spreading across the United States. That’s not good. In my opinion, the only good riot is three dyslexics.
Laws are like money – they’re a virtual system. They exist only because we all agree that they exist – the same way that East Germany disappeared as soon as people stopped being afraid of it. As soon a majority of people in an area stop believing in them, laws are as worthless as Johnny Depp’s liver on the black market.
Johnny Depp told David Letterman he never watches his own movies. What a lucky guy.
The anti-police-violence riots were based on a winning argument that could have resonated all across the political spectrum – not allowing the police to use excessive force. Had the protesters brought out the cases of LaVoy Finicum and Daniel Shaver as additional examples, I think they would have been surprised at the support they got. Instead? They rioted, burned, and all they got was a free t-shirt from Target® and enough looted liquor to fuel the protest for the next night. Can’t go looting without a nice Natty Light®.
However, the protesters managed to snatch defeat from the jaws of victory. Most of the time, when cops are presented with that awful decision to pull out their gun and shoot, it’s justified. But the larger injustices are the ones we see when police do things that, if you or I were doing them, would put us in jail. Rather than engaging others with that simple and powerful point, they protested entirely through the lens of race. The protests escalated into riots. The violence and property damage have ironically made the case for the use of significant force in putting down the riots.
They were never serious about protesting against police violence.
It’s lucky for those that like living in a stable society that people generally like laws. They want to know where they stand and have a predictable society. Research has shown that people have an innate sense of justice – it’s something that we appear to have been born with. When the legal system works, it makes the Karen inside each one of us happy. We generally want people who do bad things to be punished. We want innocent people to go free. And we want Whoopi Goldberg to develop a decade-long case of laryngitis.
Looks like Minnesota picked the wrong week to stop snorting glue.
We’ve had good laws and bad laws during the time humanity has been on Earth, but regardless, the law represented a standard. The only reason that we grant the state a monopoly on the use of force is that we trust that the state is just as bound by the law as the people are. There’s a satisfying symmetry in that.
That shared submission to judgement based on law is what makes the law work in the first place. If a random citizen commits a crime and is punished, a member of the police committing the same crime should receive the same punishment. If a citizen commits a crime and a politician commits that same crime, the politician should receive the same punishment. Even if the law isn’t fair, it should be equally applied.
The cries of “drain the swamp” from the Right are a recognition that this really isn’t so – a politician or Federal bureaucrat can commit crimes that would send you or I to jail and never have to worry. There is ample evidence that there isn’t a single system of justice – there are three. One group follows the rules as best as they can, but could still be found guilty of obscure crimes. I just hope that if I’m ever in that position I have a great lawyer. A good lawyer knows the law. A great lawyer knows the judge.
If I lied in testimony before Congress, nice Federal attorneys would seek to take away my voting rights by making me a felon as they did with Roger Stone. If former CIA chief John Brennan does it? Well, it appears nothing happens. That’s the sort of immunity you get when you’re in the club.
In a rare moment of clarity for the FBI, Peter Strzok was fired. Don’t worry – he’s suing to be reinstated with back pay.
People have lost trust; that’s where we’re at as a nation. There appear to be three systems of law in the United States:
- one for the favored elite, where they are untouchable,
- one for police, where (sometimes) crimes are never investigated,
- and one for everyone else.
It’s not that the favored elite have great lawyers and can use them to avoid being convicted. The favored elite is never even charged with a crime. Hillary Clinton admittedly broke laws, and the FBI further pointed out that she had broken laws. Charging her, however, was just not something that they wanted to do. They know how enemies of Hillary end up. Heck, 2 out 3 presidents that were impeached were impeached for embarrassing Hillary.
For all I know, the systems for the elites have been in place as long as the elite has been in place. But now it’s visible. Ford had to pardon Nixon so he wouldn’t be prosecuted. Obama appears to have gotten a hall pass from Attorney General William Barr – pardon not required. Congress is much the same: Charlie Rangel evaded Federal taxes to the tune of tens of thousands of dollars. At least.
Any member of the non-elite class would have been sent to jail. Obama is buying mansions; Charlie retired from Congress. Oh, Charlie got “censured” which I guess makes it all better. And Obama is stuck living with Michelle.
She might be mad that an immigrant took her job?
The Deep State is similar – members of the FBI can do pretty much whatever they want to do, as long as it doesn’t make the other elite folks unhappy. I talked to a former Federal banking regulator once who mentioned that the only real trouble he could have gotten into was if he tried to be tough on a big bank. Otherwise? He could have stayed there for years, doing not much of anything. The Deep State first and foremost protects its own.
Like the elite, the police have a different process, too. You or I would get arrested, but a cop gets to have his behavior examined administratively. By his buddies on the force. This is where the case is reviewed by the people who hired him to see if there was a violation of policy. Most of the time officers are cleared.
If you or I shot an intruder into our homes, we couldn’t just grab a group of people in our families to check to see if they thought we did the right thing. Nope. There would be independent review by a District Attorney to see if our actions were justified. If our actions were not justified? We would be charged with a crime. I hope my lawyer thinks I’m a penguin when going for bail – then he can tell the judge I’m not a flight risk.
Penguins don’t go to England – they don’t like to be that close to Wales.
I can absolutely understand the need to give officers benefit of the doubt, and I think a jury generally does. But if an officer can say “I was in fear of my life,” on the stand, it ought to work for me, too. I think the system with police accountability is broken. But I think it’s easier to fix than the problems with the elite.
Is there hope for our system? Perhaps. But unless the rule of law can be made to be truly impartial, we’re going to be in for a rough time.
It could be worse. It could have been me who was named Urukagina.