Can I see a show of hands on the question, “Do you believe no one is above the law in America?” Please. Hands? Anyone? I didn’t think so.
Of all the lofty assertions of our exceptional nature, the claim that be they poor or be they rich and connected, everyone faces the same justice in this country is arguably the most transparently false. It’s a nice aspirational goal, but utterly without basis as we can all see day after day in the American legal system.
In the news today we have the grand jury in Georgia releasing an abbreviated, redacted version of its investigation into Trumpist meddling/fraud in the 2020 election. This plays with Special Counsel Jack Smith’s range of investigations into Trump’s hidden trove of documents at Mar-A-Lago, his incitement of a riot on the U.S. Capitol and other, um, lesser matters. Then there’s everything going on in New York, with very, very long-running investigations into Trump’s tax and banking frauds, his assaults on various women, his hush-money pay-off of a porn star. And elsewhere, but related, FoxNews’ battle with Dominion Voting Systems, and the revelation yesterday that all of its prime time hosts concurred that guests regularly booked on their shows were not only touting flagrant lies about Dominion rigging the vote for Joe Biden but were saying stuff that was, “mind-blowingly nuts.”
The point here being that we are now … years … after the fact in all of these cases (except the documents) and — exactly like Wall Street’s gamed-out trading of 2008 — no one of any significant status has suffered any consequence for outrageously obvious crimes. The kind for which you or I would have been indicted, tried, bankrupted and sentenced within months.
This point is emphasized/hammered on by Elie Honig in his new book, “Untouchable: How Powerful People Get Away With It.” A former assistant attorney for the Southern District of New York, Honig is IMHO, one the better/least hyperbolic/more reliably credible cable news pundits. I caught him recently on Charlie Sykes’ daily Bulwark podcast.
(I can’t recommend Sykes’ show highly enough. Once the Jason Lewis of Wisconsin, Sykes looked at the Republican embrace of Donald Trump and essentially said, “These people are out of their f**king minds”, bailed on the party, has done multiple mea culpas for his role in enabling anti-constitutional idiocy to run rampant and now leads daily, consistently clear-eyed, rational discussions of where cult-think has led us.)
In short, Honig’s view of the likelihood of conviction in any of these cases is not encouraging. He firmly believes Attorney General Merrick Garland has lost his window for effective prosecution and is desperately looking for any way to avoid indicting Trump … on anything … preferring someone else, like Fulton County District attorney Fani Willis in Atlanta do the deed first and take him off the hook. Jack Smith may have a more “aggressive” attitude toward Trump, but he answers to Garland.
Furthermore, and this is where the rubber really doesn’t hit the road, is the matter of securing convictions. Good luck, says Honig, getting a unanimous verdict in New York, much less Georgia on any case where 30% of the possible jury pool remains convinced Donald Trump is not only innocent of anything and everything but sent from God on high to save them from woke liberalism. Point being, says Honig, no “buck stops here” prosecutor, like Garland, wants/dares a (super) high profile acquittal on their record.
But sadly, there is no “sure thing” in American court rooms, other than you know some black kid caught selling dope on a street corner.
Honig didn’t get into the Fox-Dominion case on Sykes show, but here’s tech’s Grand Inquisitor Kara Swisher on her podcast, (Also highly recommended.)
The takeaway there being that Rupert Murdoch has the resources and legal firepower to whittle Dominion’s $1.6 billion claim down to a rounding error for Fox, maybe even with the standard legalese of “admits no wrong-doing” in its final settlement. A settlement that will get no play on Fox and quickly disappear from public memory, much like Bill O’Reilly’s $32 million pay-out to one woman for whatever he did to her. (The “non-consensual sex” and gay porn angles are always worth a headslap.)
This stark, relentlessy reaffirmed double standard for American justice has no obvious resolution. (Honig argues for Garland to try the case against Trump for the basic Constititional demonstration that acts so egregious and historical must be publicly adjudcated, lone MAGA juror be damned.)
My only suggestion would be for pundits and legal experts to at least do us the courtesy of A: stop asserting that “no one is above the law” in this country and/or B: disclaim that assertion whenever someone else “wonders” if that is the case.