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Harris-Walz – End of Impartial Justice

Posted on Thursday, September 26, 2024
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by AMAC, Robert B. Charles
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33 Comments
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If the Harris-Walz ticket wins, Democrats may further distort the federal justice system – and state systems – beyond recognition. There is a real risk that partisan prosecutors and corrupt courts could be turned loose on political enemies, and lawfare made normal. That would be a tragedy for the American Republic.

As a former US Court of Appeals clerk, 9th Cir., New York litigator, and chief counsel for part of the House Oversight Committee, the rule of law – or the fair and impartial administration of laws in America – matters to me. It should be to all of us.

While we differ in our political views, priorities, and answers to social problems, even on the problems themselves, we need impartial justice or we lose trust in our Republic, which is structured to bring passions to a halt in the courts.

The concept of lawfare, or warfare through abuse of laws for politics, infecting non-partisan courts with partisanship, is the death knell for any republic.

So clear is this third-rail or danger zone that Democrat Franklin Delano Roosevelt’s Attorney General, who would disdain Garland, gave a riveting speech on the topic.

While FDR tried to pack – or politicize by expansion – the Supreme Court, his own Attorney General, Robert Jackson, later on the Supreme Court, was circumspect. His words echo still.

Before considering Jackson’s wisdom, understand we are on a precipice, Marxists at work trying to confuse, erode, and undermine the legitimacy of our constitutional processes, not least the judiciary, non-partisan prosecutors, and the High Court.  From due process to our First Amendment, the stakes are high.

Understand, too, that citizen rights are only honored if the courts honor them since politics concentrates power at the expense of citizen rights. In practical terms, one citizen can be crushed.

Finally, our Constitution tries to carry forward fairness – block tyranny by a one-party government. It employs Montesquieu’s idea that power must be kept in equipoise or balance, with powerful branches checking other branches.

That is why we have a judiciary inoculated from politics, to keep political parts of government accountable. Sovereignty for a republic – the God-given right to self-rule – comes from the People, not from political leaders.

While we entrust the choice of leaders to our political process, generating legislative and executive branches accountable in elections, prosecutors and the judiciary are expected to avoid politics. If they do not, we are sunk.

One more point, not lost on FDR’s Attorney General. The government is “all-powerful,” and can criminalize anything. Charges impose costs, delays, and reputational damage. Accordingly, it must act with caution to preserve rights.

To do the opposite, pursuing lawfare and throttling political opponents, mocks our Constitution. Garland, Biden, Harris, Walz, and political prosecutors miss this.

Beyond destroying trust in the law’s evenhandedness, and fairness of government, lawfare advocates – whatever they think –  endanger the future of the republic.

So, what did FDR’s AG, Robert Jackson, say? A lot worth hearing. Speaking to prosecutors, Jackson began: “… assembled in this room is one of the most powerful peace-time forces known to our country,” since “the prosecutor has more control over life, liberty, and reputation than any other person in America. His discretion is tremendous.”

“He can have citizens investigated and…have this done to the tune of public statements and veiled or unveiled intimations. Or the prosecutor may choose a more subtle course and simply have a citizen’s friends interviewed.”

“The prosecutor can order arrests, present cases to the grand jury in secret session, and on the basis of his one-sided presentation of the facts, can cause the citizen to be indicted and held for trial…”

“If he obtains a conviction, the prosecutor can still make recommendations as to sentence, as to whether the prisoner should get probation or a suspended sentence, and after he is put away, as to whether he is a fit subject for parole.”

“While the prosecutor at his best is one of the most beneficent forces in our society when he acts from malice or other base motives, he is one of the worst.

Thus, prosecutors have “this immense power to strike at citizens, not with mere individual strength, but with all the force of government itself …”

Jackson reminds the room: “The federal prosecutor has now been prohibited from engaging in political activities …In times of fear or hysteria, political, racial, religious, social, and economic groups … cry for the scalps of individuals or groups because they do not like their views.”  Prosecutors must never get entangled in politics.

The rest of Jackson’s speech is no less stirring, and – in modern context –disturbing. American history guarded against lawfare. We must also. If Harris-Walz gets in, then bar the door. Lawfare could become normal, ending impartial justice, and cracking the foundation of our republic.

Robert Charles is a former Assistant Secretary of State under Colin Powell, former Reagan and Bush 41 White House staffer, attorney, and naval intelligence officer (USNR). He wrote “Narcotics and Terrorism” (2003), “Eagles and Evergreens” (2018), and is National Spokesman for AMAC.

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J. FARLEY
J. FARLEY
7 days ago

If we elect Harris/Walz to the highest office in the land, we will be electing the most corrupt, anti-America government we have elected, they will pack the courts, so they can get abortion on demand, remove God from our lives, punish free speech, and take away our 2nd Amendment rights, and freedom will go dark for 1000 years,
Save America – Vote Republican!

Rob citizenship--
Rob citizenship--
7 days ago

Right to the point article – with a right to the point title . After the words ” End of Impartial Justice ” I do hope that many right thinking. American citizens will in their minds add the words – Only if Enough People Put Courage, Intelligence and Responsibility Aside . Or add the words ,in their minds, If the Lessons of History Are Ignored . In other words understand this article as a warning and heed the advice in it. The mention of Montesquieu regarding the idea that power must be kept in balance and that sovereignty for a Republic. the God given right to self rule has it’s source from the people and is not derived from political leaders. Those are profound thoughts and apply directly to the current situation regarding the defense of the separation of powers. What Franklin D. Roosevelt ‘s. Attorney General Robert Jackson had to say was certainly stirring and is the sort of historical reference needed to help make clear the importance of this issue. Impartial Justice and the foundation of our Republic – great to contemplate , great to appreciate ,great to defend . I do believe it could be said Impartial Justice is stronger than diamonds , worth more than gold. In the spirit of Life, Liberty ,and the Pursuit of Happiness . So much pivots around the matter of keeping the idea of Lawfare out of this Constitutional Republic and what is written here in this article will help to do that . Well done Robert.

uncleferd
uncleferd
7 days ago

Harris and her cronies are proving, through their nondescript messaging, that they don’t want Americans to know their plans. Her talk about “building out the middle class” by building new housing, is a trick that would take us back to drug-and-criminal-infested housing projects, like the ones many of us recall from back in the 70’s. We must NEVER allow a resurgence of this. The drugs, gangs, murders, rapes, prostitution, child abuses, and all else that has occurred in those projects should stay in that filthy memory.

Marie
Marie
7 days ago

A prosecutor with no integrity nor conscience is like the Devil with all the power to ruin anyone.

LINDA
LINDA
7 days ago

Absolutely wonderful article that brings to light again the awesome power of the judiciary and it’s attendant responsibilities.

janis
janis
7 days ago

I would like to know, what has happened to truth in advertising. When your selling a product, aren’t you held to that rule or be charged? I always thought you were — Both parties are trying to sell their candidates. Shouldn’t they have to tell the truth? I feel they should be fined several dollars for each lie. I know I have heard lies from candidates during this election period, especially from Kamela.
I, also, feel that former President Trump should do an advertisement regarding these lies and refute them. Tell people the truth. Do everything possible to keep these impostors out of our nations capital. They are destroying our country.
When President Trump regains the White House, he should pass a law preventing others from false advertising. Along with people who are in popular positions like actor, actresses, sports people, they should not be allowed to tell others how they are voting. If that rule is good for churches, it’s good enough for super stars. People will VOTE for whomever the super star votes for. Lets face it people do not do their homework. VOTE REPUBLICAN!!!!! Save our country. Too many people are being deluded into thinking the Dems. are OK. If you hear lies often enough you start to believe them. People are already forgetting all the things that have been taken away from them.

anna hubert
anna hubert
7 days ago

If those two are installed in ,bells will not be ringing but tolling for us.

David Millikan
David Millikan
7 days ago

Communist harris/Walz’s Plan is to follow Lenin, Hitler, Stalin, Mussolini (FDR followed Mussolini’s policies to the letter), Mao, Obama, and Dictator Beijing bidens policies with total government control over your entire life and they decide how you live and choose to. You will have no rights or freedoms or prosperity. Just SLAVERY and their government will not be accountable and will control every single dollar you have. Just as Digital I. D. will track and control how you spend your money. Each a Failure and both of their records including Dictator Beijing bidens prove it. Just look where we are at today and the Whole World is laughing at us. Why would anyone in their right mind want to live in a continuous nightmare with Zero Rights for another 4 years? Answer: Common Sense says, NO ONE.
Don’t forget boys and girls that President Reagan was right when he said that liberalism is another word for Fascism. And that’s exactly what you will have with Communist harris and Walz. Also don’t forget that Soros’s son will control them which was obvious when he and Walz got together. To top it off, you can count on WWIII with them.

Granny26
Granny26
7 days ago

If Harris/Walz get in office, it will be like last time….FRAUDULENT VOTING! Watching the tv screen and after it goes to commercials then comes back`….Trump had less votes. Nothing to do with gov’t these days seems to be on the up and up…or legal.

Spitfire?
Spitfire?
6 days ago

The two whores,Harris and Walz,are key components in Obamas plan to “Fundementally change the United States of America”.Meaning turning this country into another Soviet Union.Wake up America!!

Stan
Stan
7 days ago

Excellent !!…….as always…..

uncleferd
uncleferd
7 days ago

Ronald, a major part of communication rests on involvement of those with sharp, disciplined minds. An attack based on questionable or false statements from the media is not going to attract many intelligent participants. You’d be better off if you’d commit to learning about the issues.

Robert Zuccaro
Robert Zuccaro
7 days ago

Maybe if enough Minnesotans call his COVID Snitch Line, they’ll arrest him. But then that’s no way to treat a bona fide war hero!

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