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No One Is Above The Law? Give Me A Break


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The Federalist

On exacting poetic political justice.

David Harsanyi
April 04, 2023

Lock Donald Trump up, or don’t lock him up, but don’t tell me that “no one is above the law.” It’s one of the most ludicrous fantasies peddled by the left.

Plenty of people are “above the law.” James Clapper, who lied under oath to Congress about spying on the American people, is above the law. John Brennan, who lied about a domestic spying operation on Senate staffers, is above the law. Unlike Trump advisor Peter Navarro, Obama’s Attorney General Eric Holder was never going to be handcuffed and thrown in prison for ignoring a congressional subpoena. He is above the law.

Trump’s 2016 opponent, Hillary Clinton, is also above the law. The then-Secretary of State set up a private server in her home to circumvent transparency surrounding her slush-fund foundation. She sent 110 emails containing marked classified information, and 36 of those emails contained secret information. Eight of the email chains contained “top secret” information. Every one of those instances was a potential felony punishable with up to ten years in prison.

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In other words, if you’re a conservative, your politics are evil; and if your politics are evil, you’re probably evil. I imagine that was the rationalization used by Kamala Harris when reading obvious fabrications about Kavanaugh into the Congressional Record. It is likely the rationalization of Lois Lerner or Merrick Garland — both above the law — when they weaponized government agencies against political opponents. It is almost surely the rationalization of Alvin Bragg. This is what justifies the contemporary left’s increasing comfort with deploying the state to punish and destroy political enemies. For many progressives, the legal system isn’t merely a tool for criminal justice (if that) but a way to exact poetic political justice.

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Conservatives who contend that Democrats won’t like where the Trump arraignment leads are probably engaged in some wish-casting. Those who hold the upper hand in our major institutions aren’t too worried about short-term threats of retribution. And, anyway, progressives love Calvinball, a “system” of constantly shifting norms that rewards those most willing to use power. That’s the point.

 

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