So much could be said about the abuse of prosecutorial and judicial power now dubbed a “felony conviction” of Trump, phony trial, phony conviction, riddled with constitutional error, legitimate objections blocked, inflammatory testimony allowed, exculpatory evidence disallowed, due process trashed. This cannot stand.
Nutshell: This Trump trial makes a mockery of our judicial system, causing Americans to distrust it, seeing a political contender abused, knowing they would not have a chance under similar circumstances, even if they had his courage.
Then the whole thing is jarring. The false conviction sends a dangerous signal to prosecutors and judges nationwide that everything has changed, that “fair administration of justice” no longer matters. Laws can be used to punish enemies.
This false conviction also sends a signal to defendants with strong political views: Do not speak out. If you do, be rightly fearful, as persecution is now permissible.
This false conviction tells Americans we can all be prosecuted – the enormous power of the state unleashed on us – for dissenting political views. The First Amendment, Second, Fourth, Fifth, and Sixth are not real, free speech, self-protection, safety, due process, equal protection, and fair trial – all vapors if this decision is not reversed.
This false conviction also tells criminal defendants to claim, since they can now, that their arrest may be political, a new norm. The havoc that arises with criminal procedure is mindboggling, creating procedural chaos, and distrust like an epidemic.
This false conviction tells us, in a way that feels like a heart punch, that our judiciary is as corrupt – or parts or are – as the former Soviet Union, Russia, China, Iran, Cuba, Laos, Bolivia, Turkey, and dozens of countries living a legal lie.
This false conviction tells us that, until the process of targeting opponents with fallacious allegations ends and trust is restored, fear will be the new norm across this country. Democrats feel ends justify means, which means oppression is allowed.
As for the notion that Biden and his legal goons are assuring “no one is above the law” with this false felony and no due process – really? This from a man who rakes in tens of millions illegally by selling his office to China, Ukraine, and Romania?
As Assistant Secretary of State to Colin Powell, a former House oversight counsel who investigated the Justice Department for five years, former New York litigator, and US Court of Appeals Clerk, 9th Cir., part of my life was circling the globe for “fair and impartial administration of justice.” Now?
On the legal side, this false conviction is indefensible, changing the definition of lawfulness in America, making what was unlawful now lawful. If not reversed, the future instantly becomes darker, and courts are more often used for political vengeance.
On the political side, several added thoughts. After what we have seen – and it will sink in slowly – America is at elevated risk of instability. People feel disenfranchised. If not reversed, the perception will grow that we are living through a shift toward anti-democratic forces masquerading as normal.
This is not America. We have never been a place where laws are twisted into such unrecognizable form, coercive power is used to punish political enemies, and “free and fair elections” are thrown over by transparent abuse of the legal system.
So, how big is the danger? Think about this: Every Democrat lawyer in power, from governors and attorneys general in states like Maine to Congress, went to law school. They took Constitutional Law, Criminal Procedure, and Evidence. They all know this trial was wrong, yet no one is saying, “No, no, this is not how we do things in America.” That …shows you how deep the rot has gone.
This also tells you what is happening: Complicity, cowardice, fear, and indifference are putting Democrat officeholders in league with the corruption-jarring Americans. We are witnessing a rise of one-party power, party-over-country.
In closing, the bad news, good news, and good news wrapped in bad. For bad, much of our nation has become corrupt or indifferent, has lost its way, and lacks personal or constitutional integrity, even if not openly venal. That is a change.
On the good side, we still have a Supreme Court faithful to the Constitution, Bill of Rights, and original Articles. If this case reaches them, it will be reversed, must be.
What is the good wrapped in the bad? Everyone can now see the whole truth, how craven, dishonest, and anti-democratic opponents of our Constitutional republic really are. They care nothing for democracy, liberty, or due process – just power.
In short, what we are witnessing is not just unsettling but historically unprecedented. It is brazen, unlawful, textbook election interference, ignoring state and federal laws, malicious prosecution, and judicial abuse which has been systematically ignored by the Attorney General, working for a corrupt president.
Other than those small errors in judgment, those fatal betrayals of our Constitution, everything is fine. Bottom line: The American people are not cowards, stupid, or likely to allow this. By High Court reversal or election, this decision cannot stand.
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.
